Types of LPA

There are two types of Lasting Power of Attorney – a Property & Financial Affairs LPA, which relates to decisions about your financial affairs, and a Health and Welfare LPA, which relates to your health and general welfare.

The Property & Financial Affairs Lasting Power Of Attorney

This document enables you (as the Donor) to choose a representative (the Attorney) to manage and make decisions about your property and financial affairs.

It will allow your Attorney to pay your bills, pay your tax, manage your debts, apply for benefits, manage your bank, building society and other accounts, manage your investments and sell or purchase property on your behalf.

This could be because you have lost mental capacity, or because you are finding it difficult to get about, or to talk on the telephone.

The Health & Welfare Lasting Power Of Attorney

This document allows you to appoint someone to act as your Attorney to make decisions about your personal welfare.

This includes who can make decisions about your diet, dress and daily routine, but more importantly about your day-to-day care, medical treatment, where you live, and who you allow to make end of life decisions.

Your Attorney cannot take these decisions unless you have already lost capacity to make these decisions for yourself.

Both Forms of LPA?

You do not need to make both forms of LPA at the same time and you do not have to grant Lasting Power of Attorney to the same person or people for each type.

You can decide in advance whether you give someone control over all aspects of your financial or personal affairs, or whether they are only granted control over certain aspects.

There are official rules regarding both types of LPA, governing when the LPA can be enforced, and how the person granting the LPA can be deemed to have ‘lost mental capacity’. These rules are in place to protect the person who has lost mental capacity.

Full details of these rules can be found at www.gov.uk, or discussed with your WSL Legal Advisor when you arrange your LPA.

For more information or to arrange an appointment contact our helpful team on 0208 380 0333 or 0800 083 1835, use the short form at the top right of this page, email enquiries@wsl-ltd.co.uk or complete our web form.

What happens if I lose mental capacity and do not have an LPA?

Without an LPA, you would forfeit your right to choose the person you want to act on your behalf. Your family would not have the legal authority to deal with your affairs.

The government, through the Court of Protection, will take control and appoint a Deputy to represent you. It may be decided that a Government Solicitor or a local authority is to act as your Deputy, meaning a complete stranger will have access to your personal and financial records. A family member may decide to apply to become a Deputy, however the typical costs to make the application range between £2,500 and £5,000.

The average time to complete an application is 6 months. Delay and uncertainty at such a critical time will undoubtedly cause anguish for your family and may be detrimental to your finances and to your health.

Why do I Need a Lasting Power of Attorney?

“The local authority took over running my mother’s bank account and charged her over £1,000 a year in fees. All they did was to ensure her rent and utility bills were paid by direct debit.”
Mrs Obhrai, Wimbledon

If you choose not to make a Lasting Power of Attorney and your mental faculties become compromised, the Government will appoint a receiver to act on your behalf and will take control of your affairs if you are unable to make decisions for yourself.

Without an LPA in place decisions about your care and your finances will be made by the Court of Protection – a body set up under the 2005 Mental Capacity Act to protect the vulnerable.

However, the Court of Protection doesn’t always “get it right” – and the loss of control can have serious implications for you and those closest to you.

We strongly recommend that everyone who writes a Will should also create a Lasting Power of Attorney regardless of his or her age to appoint the person they want to act on their behalf in the event they lose mental capacity due to illness, accident, stroke or dementia.

Whilst we would all like to stay independent and healthy for as long as possible, life is full of uncertainties and the probability is that we will all need help with making decisions about our finances or our welfare at some point in the future.

Who would you prefer to act on your behalf, the Government or a loved one chosen by you?

To save your loved ones from the delays, stress and expense of applying to the Court of Protection at a later date and to give you peace of mind that your future affairs are in safe hands, take steps to create a Lasting Power of Attorney today.

To get started, or for more information, contact our helpful team on 0208 380 0333, use the short form at the top right of this page, email enquiries@wsl-ltd.co.uk or complete our web form.

To get started, call us on:

0208 380 0333

(9am to 5pm, Monday to Friday)

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