What does a Lasting Power of Attorney cover?

A Lasting Power of Attorney gives legal control to those you trust to make decisions on your behalf if you lost mental capacity. But what does a Lasting Power of Attorney cover and what are the different types? In this guide, we explain the areas covered including finances, property, health and welfare, and what to consider when you choose your “attorneys”.

Anyone at any age can lose mental capacity. Common examples are due to a brain injury or coma as a result of an accident. Some people lose capacity due to dementia, stroke, heart attack, or through another serious health condition. Therefore, it’s important to nominate someone to be able to make decisions on your behalf. Without a Lasting Power of Attorney (LPA) in place, control over your money, home, health and care could be left to the Courts.

What are the responsibilities of an LPA attorney in England and Wales?

When you appoint people to make decisions on your behalf in the form of a Lasting Power of Attorney (LPA), you will be known as the “donor”. The people you nominate to make decisions on your behalf will be appointed as your “attorneys”. Lasting Powers of Attorney usually only come into effect if you lose mental capacity. However, in some instances, you can also specify that someone can act on your behalf while you still have capacity.

Your chosen attorneys need to be people you trust. They will be given legal control over various aspects of your life, such as finances, property, healthcare and social care. Although people typically nominate their partners or family members, you can appoint your friends. It’s also advisable to ask people if they are happy to be your attorneys should you lose capacity.

There are two types of Lasting Power of Attorney (LPA): Property and Financial Affairs and Health and Welfare.          

Lasting Powers of Attorney - Property and Financial Affairs

A Property and Financial Affairs LPA gives your appointed attorney the legal right to manage your home and money. It prevents bank accounts from being frozen and enables your attorneys to pay household bills and manage your mortgage.

This type of LPA also gives access to pensions, savings and investments, which might be needed to pay for medical or care costs. From a practical perspective, the Property and Financial Affairs LPA enables attorneys to carry out and pay for urgent home repairs.

In some cases, your attorney might need the ability to sell your home to raise enough funds to pay for your care. It’s worth noting that you can restrict certain decisions from being made when you apply for this LPA, if preferred.

Lasting Powers of Attorney - Health and Welfare 

A Health and Welfare LPA gives your appointed attorney the legal right to make decisions about your health and social care. It ensures your attorneys are kept informed about your medical treatment, as well as having a say on healthcare matters. This type of LPA enables your attorneys to choose a suitable care home for your needs, including residential and nursing care.

On a day-to-day basis, the Health and Welfare LPA allows your attorneys to have control over your daily routines, such as washing, dressing and eating. As an example, your preferences for certain food and meals or clothing would be respected.

What are the consequences of not having a Lasting Power of Attorney?

If you lost mental capacity without Lasting Powers of Attorneys (LPAs), then your partner or family would need to apply to the Court of Protection. The Court will then decide who becomes your deputy, and this might not necessarily be the person you wish. While waiting for this Deputyship Order, your bank accounts could be frozen, and bills may not be paid. Your loved ones might not be able to make important decisions about your health or care.

Applying through the Court of Protection is a very stressful, time-consuming and expensive process. In some well-publicised cases, it has taken years for families to have a suitable deputy appointed. For more guidance and a real-life case study, read our blog What happens if there’s no Lasting Power of Attorney? 

Lasting Powers of Attorney Solicitors

By getting both Lasting Powers of Attorney (LPAs) in place, you will have peace of mind over your financial affairs, property, health and care. Without LPAs, your loved ones won’t have control over important life decisions if you lost capacity due to dementia, illness or an injury.

At Salusbury, Harding & Barlow, our caring and sympathetic Wills, Trusts and Probate solicitors can arrange both types of LPAs. As your specialist Wills & Probate team, we can advise you on how to choose your attorneys. We always recommend asking more than one person and you can have up to four people.

You can also register LPAs directly with the Office of the Public Guardian, which is currently taking 8 to 10 weeks on average. You will need to create an online account and complete the necessary form.

For advice on Lasting Powers of Attorney, please get in touch or email: lbacon@shbsolicitors.co.uk to arrange a face-to-face or telephone appointment.