Life is unpredictable. While we all hope for a future filled with health and happiness, it’s wise to plan for the possibility of unforeseen circumstances, such as illness or incapacity. One crucial way to do this is by creating a Lasting Power of Attorney (LPA). This blog post explains what an LPA is and why it’s so important for protecting your interests and well-being.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust, known as your “attorney,” to make decisions on your behalf if you become mentally incapable of doing so. This means that if you lose the capacity to make decisions for yourself due to illness, injury, or dementia, your appointed attorney can step in and manage your affairs according to your wishes.

It’s important to understand that there are two types of LPA:

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Health and Welfare LPA:

This type of LPA allows your attorney to make decisions about your healthcare, medical treatment, daily care, and living arrangements. They can make choices about things like whether you receive certain medical treatments, where you live, and what kind of care you receive.

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Property and Financial Affairs LPA:

This type of LPA allows your attorney to manage your finances and property. They can pay your bills, manage your bank accounts, sell your property, and make other financial decisions on your behalf.

You can choose to create either one or both types of LPA. It’s also possible to appoint the same person as your attorney for both types, or different people for each.

Why is an LPA Important?

Having an LPA in place is crucial for several reasons:

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Maintaining Control:

An LPA allows you to choose who you want to make decisions for you if you’re unable to do so yourself. This gives you control over your future, even if you lose capacity.

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Protecting Your Best Interests:

Your appointed attorney is legally obligated to act in your best interests. They can ensure your needs are met and your wishes are respected.

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Avoiding Court Intervention:

If you don’t have an LPA and you lose capacity, someone may need to apply to the Court of Protection to become your “deputy.” This process can be time-consuming, expensive, and stressful. An LPA avoids the need for court intervention.

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Peace of Mind:

Knowing you have an LPA in place can provide peace of mind for you and your family. It ensures that someone you trust will be there to manage your affairs if you become unable to do so yourself.

Planning Ahead is Key

Creating an LPA is something you should do while you still have the mental capacity to make decisions for yourself. It’s a proactive step that can save your loved ones a lot of stress and difficulty in the future. Don’t wait until it’s too late; planning ahead is essential.

Seeking Professional Advice

It’s highly recommended to seek professional legal advice when creating an LPA. A solicitor specialising in this area can guide you through the process, ensure the documents are correctly drafted, and help you choose the right attorney for your circumstances. They can also explain the responsibilities of an attorney and the safeguards in place to protect your interests.

Planning for the future is an act of love and responsibility. Creating a Lasting Power of Attorney is a vital part of this planning process, ensuring your wishes are respected and your well-being is protected, no matter what the future holds.

What is a Lasting Power of Attorney (LPA), and why is it important?