A Lasting Power of Attorney (LPA) is an important legal document that allows someone to appoint trusted people, known as attorneys, to make decisions on their behalf if they are no longer able to make certain decisions themselves.
In England and Wales, there are two different types of LPA: Health and Welfare, and Property and Financial Affairs. Although both offer protection for the future, they cover very different areas of a person's life.
A Health and Welfare LPA gives appointed attorneys the authority to make decisions about someone's personal care and wellbeing if they lose the mental capacity to make those decisions themselves.
Depending on the authority granted, this can include decisions about:
Daily routines, including washing, dressing and eating.
Medical treatment and healthcare.
Where someone lives and the care they receive.
Life-sustaining treatment, if the relevant authority has been included.
This type of LPA can only be used when the person can no longer make the relevant decisions themselves.
A Property and Financial Affairs LPA allows appointed attorneys to manage someone's financial matters and property.
This could include:
Paying household bills and managing bank accounts.
Collecting pensions and benefits.
Managing savings and investments.
Buying or selling property, where authorised.
Once registered, this type of LPA can be used with the person's permission while they still have mental capacity, or when they lose the ability to make the relevant decisions.
The two documents cover different responsibilities, so having one does not automatically provide the protection offered by the other. Someone can choose to make either type or both, depending on their circumstances and wishes.
Simple LPA Somerset helps people understand the importance of planning ahead and putting the right legal arrangements in place. Making an LPA while someone still has mental capacity can provide greater clarity and reassurance for both them and their loved ones.
