A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone called an attorney to act on your behalf and make decisions for you when you no longer wish to or when you lack the mental capacity to do so.
There are two types of LPAs:
What are the benefits of LPAs?
- You can choose who makes decisions for you as no one can automatically deal with your affairs, regardless of whether they are your next of kin.
- By signing the document, your attorneys agree to act in your best interests at all times.
- Any abuse can be reported and investigated by the Office of the Public Guardian.
- LPAs are a safe way of maintaining control over decisions made for you as they have to be registered with the Office of the Public Guardian before they can be used.
- You can also choose who gets told when your PLA is registered so they have an opportunity to raise concerns.
What if I decide not to make an LPA?
lf you lose mental capacity, you will not be able to make an LPA and your family would not have any legal authority to deal with your affairs. They would instead have to apply to the Court of Protection to be appointed as your ‘Deputy’ which is a longer, more costly route. lf there is nothing in place it could be the local authority making decisions about you.
An LPA is a powerful document and you should take legal advice before putting one in place. Williamsons will guide you through the decisions that need to be made and will complete all of the forms for you, taking the stress out of the process.
If you have read this and would like to learn more about getting an LPA then please contact our Wills and Probate department in our Hull, Bridlington, Driffield and Beverley offices by calling 01482 323697 and you will be able to arrange a free 30 minute appointment.