Lasting Power of Attorney - LPA
What will happen if you lose mental capacity?
Not from your point of view – depending on why you have lost capacity, you may or may not be able to recognise that there is a problem. But from the point of view of your family.
Who would look after you?
Who would deal with your bills, bank account and property?
Who would deal with your medical care and make decisions about the way you live your life?
Now ask yourself this – would they have the power to do this?
There are regular reports in the media of people who have been told “Sorry, we can only speak to the account holder.”? If that account holder is you, and you do not have capacity to speak to the company, then your family face the horrific situation – if not bad enough already – of trying to navigate the traumatic and expensive alternatives.
My Trusted Wills have made putting your LPA’s in place as easy and affordable as possible. Contact us a call and we can arrange for your local consultant to visit you – no fee, no obligation – to discuss your situation and let you know the costs as well as the benefits to putting Lasting Powers of Attorney in place.
There are two types of Lasting Power of Attorney (LPA)
Property and Financial Affairs
As you might expect, Property & Financial Affairs LPA allows attorneys to deal with all matters relating to the assets that the donor owns in their own name. This would include:
- Managing bank accounts, including current accounts, savings accounts and investment accounts
- Claiming and receiving benefits and other payments such as pensions, rebates, etc.
- Paying bills, household expenses and care fees
- Buying, selling and renting property of the donor
- Making gifts on the donor’s behalf
- Making decisions concerning investments
- Dealing with tax returns and tax rebates
- Paying for private medical care
- Implementing tax planning or similar arrangements
- Receiving income, inheritances or other entitlements
- Making mortgage or rent payments
- Insuring, maintaining or repairing property
- Repaying the interest or capital on loans
- Purchasing a vehicle or other equipment required
- Applying for entitlements for NHS Care or Social Care.
Note: these are examples and is not a complete list of the powers covered by the Property & Financial Affairs LPA.
Health and Welfare
The powers covered by the Health and Welfare LPA are much less understood than the Property & Financial LPA. Yet, they can often become the more urgent and life-changing powers that are necessary to sustain your quality of life.
- Making decisions about the donor’s permanent residence
- Deciding if care is required and what level of care should be provided
- Consent or refusal of medical treatment
- Rights of access to personal information
- “Do not resuscitate” order
- It is not possible to challenge NHS decisions without this LPA. The NHS will refuse to give information under the Data Protection Act, thereby keeping your family in the dark and out of the decision-making equation.
- Under the financial assessment for care fees, a person cannot act on behalf of another without this LPA
- Lifestyle decisions such as holidays, day-trips, social, cultural or religious activities.
- Assessments for and provision of Community Care Services
- Day-to-day decisions about diet, dress and personal appearance.
Note: these are examples and is not a complete list of the powers covered by the Health & Welfare LPA.
LPA’s - A history
Lasting Powers of Attorney were created by the government in the Mental Capacity Act 2005.
They came into force on 1st October 2007, replacing the similar previous document – the Enduring Power of Attorney. The word “lasting” means that the power may continue even if the person (though still alive) no longer has the mental capacity to exercise the power to choose an attorney.
The Office of the Public Guardian released new LPA forms. These became the compulsory format for any LPAs created on or after 1st January 2016.
On 1st April 2017, the fees for registering LPAs was cut from £110 to £82 per LPA.
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