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Why you should consider an LPA

This information has been prepared by Sykes Anderson Perry Limited as a general guide only and does not constitute advice on any specific matter. We strongly recommend that you seek professional advice before taking action. No liability can be accepted by us for any action taken or not taken as a result of any information or advice given or omitted.

Lasting Powers of Attorney (LPAs) – what are they?

An LPA is a legal document where you appoint someone to look after your affairs. The chosen person(s) can then make decisions such as dealing with your bills and bank accounts or deciding on your medical care.

There are two types:

1.Property and financial affairs LPA

  • This gives a person powers to make decisions for you relating to money and property.
  • This type of LPA can be used either when you have lost capacity to make your own decisions, or when you give consent.
  • It could include giving someone power to pay your mortgage, pay your bills,buy and sell property for you, manageyour bank account or make investments for you.
  • You can choose what decisions can be made on your behalf.

2. Health and welfare LPA

  • This gives a person powers to make decisions for you about your health and welfare.
  • This type of LPAcan only be used once you have lost capacity to make your own decisions.
  • It typically includes giving someone powers to make decisions about your daily routine, your medical care and what hospital treatment you are given.
  • It is a good idea to put this in place now in case you lose capacity in the future.

LPAs – not just for the elderly

  • LPAs can be useful to allow someone else to manage something on your behalf such as selling your property.
  • At any age, something could happen you which causes you to lose capacity, so it important to consider putting an LPA in place even if you are young, fit and healthy.

LPAs and spouses

  • You should not assume that just because you are married or live with someone that they will be able to deal with your financial and property affairs or make healthcare decisions for you.
  • Without an LPA they are unlikely to have the authority to do this.
  • Spouses should consider LPAs so if need be, they can deal with each other’s affairs.

No capacity and no LPA

  • If you do lose capacity to make your own decisions and you do not have an LPA, it is likely there will be a lengthy and expensive process to put a Deputyship in place. This involves applying to the court.

It is a good idea to think of all eventualities and make plans well in advance. Putting an LPA in place covers the ‘what if’ scenario and means your affairs can be looked after either with your consent or if you loose capacity and can no longer do it yourself.

Sykes Anderson Perry can advise you on LPAs and assist you in putting LPAs in place.

March 2019
Alice Williams
Trainee Solicitor