Lasting Power of Attorney (LPA's)

Many of us spend time planning what should happen after we die, but give much less thought to what would happen if we were still alive but unable to make important decisions for ourselves. A Lasting Power of Attorney (LPA) allows you to appoint one or more people you trust to help you make decisions or, when appropriate, make decisions on your behalf.

At Newquay Wills & Estates, we help individuals and families understand their options and put appropriate Lasting Powers of Attorney in place. Whether you are planning ahead for later life, thinking about your family's future or simply want the reassurance of knowing that trusted people are able to act for you if necessary, we can guide you through the process clearly and carefully.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you, known as the donor to appoint one or more people, known as your attorneys, to make certain decisions on your behalf. You choose your attorneys yourself while you have the mental capacity to do so. This gives you an opportunity to decide in advance who you would trust to help manage important aspects of your life if circumstances changed.

An LPA can be particularly valuable following an unexpected accident or illness, as well as when planning for the possibility of losing mental capacity later in life. An LPA must be properly completed and registered with the Office of the Public Guardian before it can be used.

There are two types of Lasting Power of Attorney:

Health and Welfare Lasting Power of Attorney

A Health and Welfare LPA can allow your chosen attorneys to make decisions concerning your personal welfare when you are unable to make the particular decision yourself.

Depending upon the authority given in the LPA, this can include decisions concerning matters such as:

• Your medical care;

• Your daily routine;

• Where you live;

• Moving into residential or nursing care;

• Your personal care; and

• Decisions concerning life-sustaining treatment.

A Health and Welfare LPA can only be used when you lack the mental capacity to make the relevant decision yourself.

Property & Financial Affairs Lasting Power of Attorney

A Property and Financial Affairs LPA deals with decisions relating to your money, property and financial affairs.

Depending upon the authority given, your attorneys may be able to assist with matters such as:

• Managing bank and building society accounts;

• Paying household bills;

• Dealing with pensions and benefits;

• Managing investments;

• Dealing with tax matters; and

• Buying or selling property.

Who should I choose as my attorney?

Choosing your attorney is one of the most important parts of making an LPA. Your attorney must be aged 18 or over and have mental capacity.

You might choose:

• your husband, wife, civil partner or partner;

• an adult child;

• another relative;

• a trusted friend; or

• an appropriate professional.

The most important consideration is trust. Think about whether the person understands you, respects your wishes and is likely to act responsibly and in your best interests. For a Property and Financial Affairs LPA, you may also want to consider how comfortable the person is dealing with money, paperwork and financial decisions.