Lasting Power of Attorney Advice for carers, family and friends

What is a Lasting Power of Attorney?

A lasting power of attorney is a legal document that allows someone to appoint one or more people to make decisions on their behalf if they can’t make their own decisions (they ‘lack mental capacity’).

What are the benefits of a Lasting Power of Attorney?

If the person you care for loses mental capacity, you have no automatic legal right to make decisions on their behalf. Once a Lasting Power of Attorney is in place, you have peace of mind knowing you can make decisions on behalf of the person you care for, if they are no longer able to.

What happens without an LPA?

If an LPA isn’t in place, and the person you care for becomes unable to make certain decisions for themselves, there may be a time when no one can legally make decisions for them. This can make things difficult, such as paying bills or care costs, or making decisions about their future care. If this happens, you may need to apply to the Court of Protection, which is more time-consuming and expensive than a Lasting Power of Attorney.

What types of Lasting Power of Attorney are there?

There are two different types:

1. Property and finances Allows the attorney to pay bills, deal with property or investments and operate bank accounts

2. Health and welfare Allows the attorney to make decisions about life sustaining treatment, medical treatment, diet and where they live

How does the person I care for make a Lasting Power of Attorney?

They would need to complete a form either on paper, or online. There are separate forms for the two different types of LPA.