LASTING POWER OF ATTORNEY

What is a Lasting Power of Attorney?

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Under the Mental Care Capacity Act 2005, if any of us lose our capacity, whether this is permanent or temporary, nobody is legally able, not even your husband or wife, let alone your children, to make decisions on your behalf.

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Should the time come when you are unable to make your own decisions, a Lasting Power of Attorney (LPA) is a legal document that allows you (The Donor) to appoint people you trust to make them for you (Attorneys). The Attorney(s) you choose can be a relative or a trusted friend. Your chosen Attorneys can act on health matters and for your financial affairs. You remain in total control today, whilst making it possible for your family or friends to help you in the future should you lose capacity. 

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What Happens if I Don't Have One?

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If you lose capacity without an LPA in place, your family must apply to the Court of Protection to have a Deputy appointed to deal with your affairs. This is a slow and expensive process, costing thousands of pounds. Bank accounts and investments could be frozen, preventing direct debits and bills being paid.

If you’re married or have joint bank or building society accounts, do not assume that your spouse will be able to deal with things for you, as this is quite simply not the case. Without a valid LPA in place, under the law, they simply do not have the authority to do so.