What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document which allows individuals (the Donor) to appoint a person (Attorney) that they know and trust to act on their behalf in the case of loss of mental capacity.  Anyone over age 18, with the mental capacity to do so, can make an LPA.   You can appoint several Attorneys and Replacement Attorneys.

There are two types of LPA, one for property and finances and the other for health and welfare decisions.

Property and Finances LPA

This gives a person authority to manage an individual’s property and finances should they lose mental capacity.  This includes matters such as managing bank accounts, paying bills, collecting benefits, managing mortgages or selling your home.

In the event of loss of mental capacity, the failure to make an LPA for property and financial affairs could result in:

• an individual’s assets being frozen for an extended period.
• missed payments on mortgages.
• the need for a very time-consuming and expensive Court of Protection application before your assets and money could be accessed.

Health and Welfare LPA

This gives a person the legal authority to make decisions on behalf of an individual regarding their health or social care needs, should they lose mental capacity.  This includes matters such as your daily routine, medical care, choice of care home, and whether or not to have life-sustaining treatment.

In the event of loss of mental capacity, the failure to make a LPA for health and welfare decisions could result in:

• doctors making ‘best interests’ decisions for you in relation to your medical treatment.
• social services making ‘best interests’ decisions for you in relation to your care and support for example making the decision on your residential care placement.

If a person making an LPA has a diagnosis that affects their cognition, a Professional Certificate Provider is required to assess their mental capacity to make this agreement.

The Care Advice Centre are experienced in acting as Certificate Providers for Lasting Powers of Attorney.  We provide a 7 day service as we know how important it is to complete this work in a timely manner.

People who lack mental capacity

If a person lacks mental capacity and has not made an LPA, a representative will have to apply to the Court of Protection to be appointed as their Deputy.  The Deputy role is much the same as an Attorney.  You will require an Independent Mental Capacity Assessor to complete the COP3 application to the Court of Protection to confirm the person lacks the mental capacity to make specific decisions.

The Care Advice Centre are experienced in the completion of COP3 and provide this service within 7 days of instruction.