Why You Should Make a Lasting Power of Attorney

What’s the difference between a Will and an LPA?

Wills and LPAs are separate legal documents that serve different purposes:

• A Will takes effect only after your death. It sets out who should inherit your assets.
• An LPA, by contrast, is used during your lifetime and ends upon your death. It allows you to appoint someone (an ‘attorney’) to make decisions on your behalf if you lose the capacity to do so.

What is a Lasting Power of Attorney?

An LPA is a legal document that lets you appoint someone you trust to make decisions on your behalf. These decisions may relate to your property and finances, or your health and welfare, depending on the type of LPA.

There are two types of LPAs

1.Property and Financial Affairs LPA

This allows your attorney to manage your finances, such as:

• • Paying bills
  • Managing bank accounts
  • Buying or selling property

This LPA can be used even while you still have capacity, if you choose. It’s particularly useful if, for example, you are temporarily incapacitated following surgery or illness.

2.Health and Welfare LPA

This allows your attorney to make decisions about:

• • Your medical treatment
  • Living arrangements
  • Daily care

Unlike the financial LPA, this can only be used if you lose the mental capacity to make these decisions yourself.

Who should I appoint as my Attorney?

Choosing the right attorney is crucial. It should be someone you trust to act in your best interests. Many people appoint close family members or friends.

If you do not have someone suitable, you can appoint a professional—such as a solicitor—for the Property and Financial Affairs LPA. However, we generally advise against appointing a professional for the Health and Welfare LPA, as these decisions are often more personal in nature.

You may appoint one or more attorneys, and also name replacement attorneys in case your original attorneys are unable to act.

Why is it important to have an LPA?

A common misconception is that your spouse or children can automatically make decisions for you if you lose capacity. Unfortunately, this is not the case.

• Without a Financial LPA, your loved ones would need to apply to the Court of Protection for a Deputyship Order—an often lengthy, costly, and complex process.
• Without a Health and Welfare LPA, medical professionals or social workers would make decisions based on what they believe is in your best interests, which may not reflect your own wishes.

By making an LPA, you retain control over who will make decisions for you and can also record your preferences and values.

When should I make an LPA?

The best time to make an LPA is now, while you still have mental capacity.  Capacity can be lost suddenly due to illness, accident, or age-related conditions.

How can the David Gray LPA team help? 

If you would like more information about making a Lasting Power of Attorney, please contact our specialist team on 0191 232 9547 or contact us. We’ll be happy to provide tailored legal advice based on your individual circumstances.

For further information, to e-meet the team and for guideline pricing please visit our Power of Attorney webpage.