Lasting Powers of Attorney

Lasting Powers of Attorney (LPA) are legal documents which allow you to appoint people you trust to act for you in circumstances where you may not be able to make decisions yourself. This could be as a result of an accident, injury or perhaps an illness like Alzheimer’s or dementia.

The person(s) appointed, known as the attorney(s), can make decisions on your behalf regarding your finances, property, and/or health and welfare. The types of decisions will depend on which LPA you have created and the wishes you have included.

It is important to make an LPA while you are still mentally capable of making decisions for yourself. Once you lose capacity, it may be too late to create an LPA. In cases where there are no LPAs in place your loved ones would have to look to obtain a court order from the Court of Protection to gain access to any of your finances as these will likely be frozen after you lost capacity as well as to make decisions on your behalf. Obtaining an order from the court can be notoriously time consuming and expensive.

Yes, usually. Many couples think a joint account means smooth sailing if one loses capacity, but banks can freeze accounts, even for essentials, without a registered LPA. Setting one up early avoids the need for a costly Deputyship Order later.

No. The moment the donor passes away, the Power of Attorney ends. Accounts should be frozen straight away, and only the executor can access funds. Even well-meaning payments can leave you personally liable.

A Living Will, also known as an Advance Decision or Advance Directive, is a document that allows you to make decisions in advance about specific medical treatments you would or would not want if you become unable to communicate those wishes. Living Wills typically come into play if you are in a serious condition, such as unconsciousness or terminal illness, and where you can't express your preferences.