Hoole & Co. are experienced in helping people to plan for their future and a Lasting Power of Attorney is one important way of doing that.
Many people are concerned about what will happen to them in later life in the event that they cannot make decisions for themselves through loss of mental capacity.
A Lasting Power of Attorney (LPA) provides the opportunity for them to have some say in their future care, and to state what type of medical treatment they would want or not want, as well as appointing someone to look after their property and finances. You can set up an LPA in advance so that it only activates once you are medically diagnosed as having lost mental capacity.
By setting up an LPA in advance you are able to choose someone you trust to deal with your affairs. If you do not have an LPA, and later lose mental capacity, then someone will need to apply to the Court of Protection to become entitled to manage your affairs and this may not be the person you would have chosen yourself.
A Lasting Power of Attorney enables the person making it (the donor) to give someone else (the attorney) the legal right to deal with his or her affairs.
Two types of LPA are available. A Property and Affairs LPA, which gives the attorney the authority to deal with the donor’s finances and property, and a Personal Welfare LPA which allows them to make decisions relating to the donor’s healthcare, welfare and in some cases end of life treatment.
The idea behind the creation of the LPA is that even those people who lack capacity should be empowered to have a say in decisions about matters which affect their lives.
The person making the LPA, the donor, will often appoint a family member or friend to be responsible for making decisions for them in the future. It is possible to appoint one person to act, or to name more than one person and specify different areas that each can make decisions about. It is also possible to specify that decisions should be made jointly by both attorneys.
Property and Affairs Lasting Power of Attorney
A property and affairs LPA can be set up to come into force as soon as it is registered, or the donor can restrict it so that it can only be used if they lack mental capacity.
It gives the attorney the authority to deal with the following areas, unless restricted by the donor at the time of taking out the LPA:
- Dealing with bank accounts and other finances
- Claiming, receiving and using all benefits (on the donor’s behalf)
- Dealing with the donor’s taxes
- Receiving income or inheritance for the donor
- Buying and selling property
- Making limited gifts on the donor’s behalf
Restrictions exist in many of these areas aimed at protecting the donor. For instance, gifts are limited to customary gifts the donor may have made (eg. birthday gifts to relatives) and must not be unreasonable in size given the donor’s financial circumstances.
Importantly, an attorney is under obligation only to act in the donor’s interests at all times, and various safeguards exist to ensure this.