Confused about the different types of LPA (Lasting Power of Attorney)?

People plan for the future in all sorts of ways, from investing in property, to setting up trusts. In planning for the future, one of the key steps that we think that every adult, of any age, should take is to put in place a Lasting Power of Attorney (LPA).

An LPA is a formal, legal document. It appoints a named person to act as your representative (attorney) in the event that you become unable to make certain types of decisions for yourself. Typically, an accident or illness such as dementia can render a person mentally incapacitated such that they can no longer act in their own best interests.

Lasting Powers of Attorney give attorneys power to make decisions in respect of two main aspects of a person’s life: property and finance, and health and welfare. You could choose to appoint somebody to be your attorney in respect of your property and financial affairs (to make decisions about your house, your income, and your bills, for example) and somebody else to be your health and welfare attorney, responsible for decisions including those to do your medical care and your day-to-day wellbeing.

It makes sense to choose attorneys who you not only trust, but who have a good understanding of the types of issues that they would need to deal with on your behalf. Your property and finance attorney need not hold accountancy qualifications, but it would help if they had a good grasp of financial life. Similarly, your health and welfare attorney doesn’t have to be medically trained or otherwise experienced in health and welfare issues, but it would be useful if they were the type of person who you think would understand your condition and act sensibly in relation to your ongoing challenges.

The decisions that you will be asking your attorneys to make will be significant ones. The outcomes will affect your financial position, your ownership of assets, your medical care, and your independence. So it is really important when preparing your LPA(s) to understand the role that a property and finance attorney, and a health and welfare attorney, could play in your life in the future.

Of course they might never need to; you might not go on to lose your mental capacity. But the real benefit for the majority of people who make an LPA is in knowing that the legal authority is in place, should it ever be required. Further, the people who can then act on your behalf are those you have chosen and trust and therefore you have been able to control your future plans as much as possible, giving you peace of mind.

For further advice on your specific circumstances, contact our Private Client team today who will be happy to help.  Tel: 01264 353411, email:  wills@bsandi.co.uk or complete our no obligation, online enquiry form and someone will contact you.