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This article was published on March 13th, 2023
A lasting power of attorney (LPA) is a legal document that grants another person the capacity to make certain decisions on your behalf. Many of us have heard of, and understand the importance of making an LPA for Property and Financial Affairs. However, there are now a growing number of people realising the benefits and importance of making a Health and Welfare LPA also.
LPAs are divided into two categories. One or both of these can be drawn up. It is possible to appoint the same attorney(s) for both or to appoint a different attorney(s) for each. There are two types of LPA:
An LPA for property and financial affairs is similar to how an enduring power of attorney may function and deals with any property you may own as well as your financial affairs. This can be used before or after someone loses their mental capacity, provided this is confirmed by the donor within the LPA.
An LPA for health and welfare deals with your health and welfare decisions and can only be used after you have lost the ability to make your own decisions, which is also known as ‘losing your mental capacity’.
None of us like to think about a time when we may not be able to make decisions for ourselves, however sometimes this is the reality, and if it were to happen to you, you’d want to be protected and decisions made by someone you trust. The person named as your attorney can make important healthcare decisions for you if you lose mental capacity. This could include the right to consent to medical treatment or care.
An LPA can be made at any time, you don’t necessarily have to wait until you get older, but you must do it whilst you have the required mental capacity. Often people associate LPAs with people that are ageing or have ill health, but life can be unpredictable and you may find you need one sooner than you think. An LPA can only be made whilst you still have mental capacity and will not be used until you have been deemed unable to make decisions for yourself in regard to your care.
Here at Thorneycroft Solicitors, we specialise in advising and assisting clients with creating their Lasting Powers of Attorney(s). We provide our clients with a sensitive and sympathetic service and will guide you through the process from start to finish, always prioritising your wishes.
If you would like help and advice on creating a Lasting Power of Attorney for Health and Welfare, and/or, Property and Financial Affairs please get in touch by calling our team on 0800 1979345 or filling out our simple enquiry form.