Why is it important to make an LPA? At the crux of it, is your right to have your wishes upheld by someone you trust if you lose capacity. 

Define lasting power of attorney (LPA)

A lasting power of attorney (LPA) is a legal document that allows you to appoint one or more people to make decisions on your behalf, should you become unable to do so yourself. 

An LPA is an important tool if you want to ensure that your wishes are respected and someone you trust can make important decisions if you’re no longer able to communicate.

Why make a lasting power of attorney? 

One of the key benefits of an LPA is that it gives you peace of mind. Knowing that someone you trust will be able to make important decisions based on your wishes can be a huge relief. 

You might, for example, feel strongly that you don’t want a certain medical procedure. Making an LPA can uphold your wishes and make sure what you want is respected.

Can you have more than one attorney?

You can give decision-making powers to several different people if you want, who can make decisions together or separately. This protects you should one of your attorneys die — and also gives you extra peace of mind that they’ll be acting in your best interests. 

If you only want one attorney to have responsibility but you’d like to have someone in reserve in case something happens to your original attorney, you can nominate a successor to take over if it becomes appropriate for them to do so.

What happens if you haven’t made a lasting power of attorney?

If you ever become mentally incapacitated without having made a LPA, it can be a difficult and costly process for your family and loved ones to apply for a deputyship. 

This can lead to arguments and cause unnecessary stress and tension.

Each time a decision needs to be made, a separate application would need to be submitted, to the Court of Protection. This costs hundreds of pounds. The fees can increase if there are complications like objections from other family members, and there are also court fees.

Once the application has been sent to the Court it usually takes 3 – 6 months for the Deputy or Deputies to be appointed. It can be a complex process which is why some people ask a solicitor to manage it on their behalf. 

Can a lasting power of attorney be removed?

Yes, an LPA can be revoked or amended at any time, as long as you have mental capacity. 

Choose the right solicitor to oversee you making an LPA

An LPA is a powerful tool that can significantly affect your finances, wishes and legacy.

If you are considering setting up an LPA, it is important to seek professional advice to ensure that it meets your needs and is set up correctly.

For more information or a confidential discussion, call Autumna’s trusted legal partners, Parfitt Cresswell on 0800 999 4437.