HB 121 Solicitors

Lasting Power of Attorney

Is a Lasting Power of Attorney for the Elderly ?

It can be a useful source of much needed funds to help in your retirement OR it can be the recipe for disaster.

The simple answer is no.

Most of us understand the importance of making a Will, but a concerning number of us do not understand the importance of making Lasting Power of Attorney (LPA).

A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf, in the event you are no longer able to.

This gives you more control over what happens to you, i.e if you have an accident or an illness and cannot make your own decisions. To make a LPA you must be 18 or over and have mental capacity (the ability to make your own decisions) when you make a LPA.

There are two types of LPA

  • 1)one for Health and Care decisions
  • 2) one for Financial Affairs.

This would cover - mental incapacity such as strokes, mental health issues, head injuries and brain tumours which can also cause a lack of mental capacity and can happen to anyone despite their age.

Can someone still make an LPA if they have lost mental capacity ?

Once mental capacity has been lost, it is not possible to make an LPA. There is instead an alternative way to take over someone’s affairs but it is a lengthy and costly process, which is usually unwelcome at a difficult time such as finding a suitable care home for a loved one.

Enduring Power of Attorney in place. Do I need an LPA?

If you have an EPA in place, it will still be valid. However, it can only grant your attorney’s the authority to make decisions regarding your finances. They will not be able to make decisions involving your health or care.

Also, an EPA will need to be registered as soon as mental capacity is in doubt which can take some time and several weeks, leaving you in a vulnerable position whilst waiting.

We at HB 121 Solicitors can assist you. For further information or to talk to a speak to one of our Solicitors please contact us on 01562 702655 or on e-mail at info@hb121solicitors.co.uk