Lasting Power of Attorney (LPA)

Although it is important to make a Will to ensure that your wishes are carried out after your death, what happens if you are still alive and become incapable of dealing with your affairs due to accident, illness, or loss of mental capacity? 

Your financial affairs could only be managed by an application to the Court of Protection by a relative or your representative.  This could take months and cost up to hundreds of pounds to process.  The Court would nominate a deputy to handle your affairs on your behalf who may not be who you would have chosen.  The deputy may be a Court Official who would charge each time he or she acts for you.

A Lasting Power of Attorney (LPA) could help in this situation.

You must be mentally competent to make an LPA, and once it is registered with the Office of the Public Guardian your chosen representatives can act for you straight away if you wish, or you can continue making your own decisions until you wish your representative to take over. 

A Lasting Power of Attorney can be of 2 types:

·         LPA  - Property and Affairs - deals with your financial and property matters

·         LPA -  Personal Welfare  - your representative may make decisions about such things as where you will live and life sustaining treatment for you.