Lasting Powers of Attorney – keeping you in control

Lasting Powers of Attorney (LPAs) are designed to give you peace of mind and to ensure that someone you trust will be able to make decisions on your behalf if you are no longer able to make them for yourself. People often assume that LPAs are something that can be left until later in life, but the reality is that capacity can be lost at any age. This might be as the result of unexpected illness, injury or a longer-term diagnosis. Putting LPAs in place will ensure that your wishes are clear and will make it easier for your loved ones to look after your affairs, and you, should the need arise.

There are two types of LPA. The first is a Property & Affairs LPA and the second is a Health & Welfare LPA. You can prepare one or the other, or both. A Property & Affairs LPA enables your Attorneys to handle financial matters such as paying bills, moving money between bank accounts, tax issues or sale or purchase of property. A Health & Welfare LPA enables decisions to be made about your care and medical treatment, including life sustaining treatment. People who own and run their own businesses may wish to consider a separate LPA in relation to their business arrangements.

If you opt for preparing both types of LPA, you can choose to have either the same Attorneys to deal with all your matters, or different Attorneys to manage your finances and your health and welfare decisions. We can discuss with you how many Attorneys you might wish to appoint and give you guidance on how to choose them if you are unsure.

Both types of LPA will need to be registered with the Office of the Public Guardian (OPG) before they can be used, and this may take some time. By setting this up early you can avoid any difficulties if you need your Attorneys to act on your behalf at short notice.

Once your LPAs have been registered, your Property & Affairs LPA can be used with your consent if you wish while you have capacity as well as being ready for use if you lose capacity, temporarily or permanently in the future. Your Health & Welfare LPA can only be used if you have lost capacity or lose consciousness. You may have capacity to make decisions about some matters but not about others.

Attorneys must always act in your best interests and follow legal principles. The OPG publishes guidelines for Attorneys and we can also advise the Attorneys on their role.

What happens without an LPA?

If you lose capacity to make decisions and don’t already have LPAs in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf for a Deputyship Order to be put into place. This can be costly, time-consuming and may limit control over decisions about your finances and care. Putting LPAs in place before they are needed means there is no delay if or when help is required.

Is an Enduring Power of Attorney still valid?

If you, or a family member, have an existing Enduring Power of Attorney (EPA) it may still be legally valid. However, EPAs were replaced by LPAs in 2007 so it is quite possible that the wishes expressed in the EPA may have changed in recent years and need updating.  It is also worth noting that EPAs were only able to deal with financial matters and there was no equivalent at that time to deal with health and welfare considerations. If you have an EPA, we will be happy to review it with you and discuss whether it might be prudent to replace it with an LPA, as well as assist you with the registration of the EPA.

Choosing your Attorney or Attorneys?

Your Attorney should be someone you trust to act in your best interests. It could be a family member, a close friend, or a professional. It is often sensible to have two Attorneys rather than just one, in case something was to happen to one of them or one was unable to act on your behalf at short notice. It is also possible that the people you would want to look after your financial affairs are not the same ones as those best placed to advise on your personal care and wellbeing.

You can choose how your Attorneys should work together. For example, they can act individually in some or all situations, or they agree on what should happen together at all times. You can also make provisions for replacement attorneys setting out who can step in to act on your behalf should something happen to your Attorneys.

Can you change your mind once the LPA is in place?

Yes, as long as you have capacity, you can cancel your LPAs and make new ones at any time.

Contact our Power of Attorney specialist lawyers in Cambridgeshire and Norfolk

If you would like to discuss your options in relation to Powers of Attorney, we have lawyers in each of our offices who will be happy to help.  Although we are encouraging people to make LPAs early, we do also have many team members who are either Dementia Friends or Accredited Lifetime Lawyers, making them accessible to our older and vulnerable clients.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483

Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances. Fraser Dawbarns LLP is always happy to provide such advice.