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what is an LPA

What is a Lasting Power of Attorney

When a person can no longer handle or manage their own affairs, this is when a Lasting Power of Attorney comes into play. This situation could happen to anyone at any age and be because of illness, disability or mental impairment. Simple matters will become impossible such as handling a bank or building society and purchasing a house.

In the event that you are no longer capable of handling or managing affairs and you don’t have a LPA in place, then it is put into the Court of Protection hands. They will appoint a Deputy who will manage all the affairs for you. There are associated disadvantages to this as you will be expected to pay significant legal fees and Deputy won’t know about your personal circumstances.

Lasting power of attorney guidance

You have two types of lasting powers of attorney:

  • Property and Affairs LPA – allows you to appoint someone who you trust to make decisions about finance and the way your property and affairs are dealt with.
  • Personal Welfare LPA – allows you to appoint someone you trust to make decisions on your behalf relating to your personal healthcare and welfare. This also includes decisions to either give or refuse consent for treatment.

What happens if I don’t have an LPA in place? Court of Protection

A deputy order gives the appointed deputy or deputies the ability to make decisions on behalf of someone who has lost the capacity to make decisions for themselves. To obtain a deputy order an application must be made to the Court of Protection.  If the application is successful the Court will grant a deputy order setting out the deputy’s powers. There are two applications that can be made one being in relation to finances and the other health and welfare

The powers may relate, for example, to the person’s finances, property or accommodation (including where they live or whether they go into care), their medical treatment and other healthcare issues, and their personal welfare.  The powers given depend on the person’s needs.

You will need to make a deputy application when there is no Lasting Power of Attorney (or Enduring Power of Attorney) in place and the person in question no longer has the mental capacity to appoint attorneys.

Our experts can give you the right Lasting Power of Attorney guidance to ensure that you are covered by the right type.

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