Most people associate Lasting Powers of Attorney (LPAs) with getting older and having a plan in place in case of age-related mental decline or illness. But the reality is that it’s not only elderly people who can lose the ability to make decisions for themselves. While uncommon and unpleasant to think about, this can happen in younger people too. An accident, serious illness or other unexpected medical emergency can affect anyone at any age, whether permanently or temporarily. That’s why it’s worth considering who you’d want to make important decisions on your behalf if you couldn’t, whatever your age.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people that you trust to make certain decisions for you. The person you appoint is known as your ‘attorney’, and they could be a partner, family member or friend.
In England and Wales, there are two types of LPA: a property and financial affairs LPA and a health and welfare LPA. You can choose to set up either one, or both.
Property and financial affairs LPA
This type of LPA means the person you appoint as an attorney can manage things like paying bills, dealing with bank accounts and making decisions about your property. Depending on how it’s set up, it can be used with your permission while you still have mental capacity, or only if you lose the capacity to make the relevant decisions.
Health and welfare LPA
This type of LPA covers decisions about your medical treatment, care arrangements and where you live. This one can only be used when you’re unable to make the particular decision yourself.
Why consider an LPA when you’re still young?
You might well assume that your spouse or partner, or other members of your family, would automatically be able to take care of things if you did become seriously unwell and lose the ability to make decisions for yourself. Healthcare professionals would normally involve those close to you when making decisions about your care, but it’s important to realise that this doesn’t mean your family has the final say. And they also wouldn’t necessarily be legally able to oversee your finances too.
For example, if you were seriously injured in an accident and couldn’t make decisions yourself, your partner might struggle to actually access accounts that are in your name, or manage financial commitments like mortgage payments on your behalf.
An LPA allows you to decide in advance who should have the authority to act for you, rather than leaving your loved ones to navigate these issues during an already difficult time.
What happens if you don’t have a lasting power of attorney?
If something happens that means you lose mental capacity, at any age, and you don’t have an LPA set up, the Court of Protection might have to get involved, especially if there are financial decisions that need to be made. Someone in your life may need to apply to the Court to be appointed as what’s known as your ‘deputy’.
But unlike with an LPA, you won’t be able to choose who this is, as in this scenario you wouldn’t have the mental capacity to select somebody you trust. It can also be a long, expensive and highly stressful process for those involved. These are all reasons to strongly consider putting arrangements in place before they’re needed.
How do I set up a Lasting Power of Attorney?
You must be at least 18 years old to make an LPA, and have the mental capacity to do so. The process starts by choosing your attorney or attorneys, deciding which powers you want to give them and the type of LPA you want to create and completing the relevant forms which can be found via the government’s online service. It can be helpful to work with a solicitor to make sure everything is set up correctly, without any errors or oversights that could cause problems later on.
If there are instances of family friction, or you have complex assets like a business or property overseas, it’s extra important to get legal advice when setting up an LPA. And whether you use a solicitor or not, you’ll still need the paperwork witnessed and signed in the correct order, and registered with the Office of the Public Guardian.
Lasting Powers of Attorney: FAQs
Can I change my Lasting Power of Attorney?
Yes – as long as you still have mental capacity, you can cancel an existing LPA. If you want to appoint different attorneys or make other substantial changes, you’ll generally need to create a new one.
Can I have more than one attorney?
Yes, you can appoint multiple attorneys and specify whether they must make decisions together or can act independently. You can also appoint replacement attorneys in case your original choices can no longer act, or no longer wish to.
Does a Lasting Power of Attorney mean giving up control?
No – setting up an LPA doesn’t mean you lose the right to make your own decisions. Your attorney must support you to make decisions where possible and act within the authority you’ve given them.
Thinking about setting up a Lasting Power of Attorney? Contact Batt Broadbent for expert advice on making the right arrangements for you.