Lasting Power of Attorney (LPA), which has been discussed more and more recently, is an essential legal measure that families are implementing to ensure that their wishes are taken care of should they no longer be able to take care of themselves or make decisions due to mental decline. 

Unfortunately, this critical provision for when it becomes necessary to protect your wishes is often overlooked until it’s too late to put one in place. Fortunately, you can find information on how to provide for your last wishes, as well as those of a loved one, by reading through this resource. Here you’ll find information on LPA that can help you decide whether or not to get one:

What Exactly Is a Lasting Power of Attorney?

A Lasting Power of Attorney, also known as an LPA, is a legal document that you can sign at any time, even while in good health. It is most commonly used when you have become mentally ill or physically incapacitated. An LPA gives you, or an individual you designate, the power to make important decisions for you until you cannot make them for yourself. In the UK, an LPA must be registered by the Office of the Public Guardian. The LPA will usually specify exactly what can and cannot be done with your money and property, so it is vital that you review your LPA carefully before signing it.

When Can an LPA be Used?

An LPA will only come into effect after you have reached a particular state of mental or physical incapacitation. In the United Kingdom, a person must be unable to make decisions regarding their welfare and health for an LPA to be used. A diagnosis of severe mental illness or a disability can also prompt the need for an LPA.

Once an LPA has been activated, the person you have designated to make decisions for you can then assume power over your finances and personal health care. An LPA can apply to both finances and health care, or to just one or the other, or it can apply to both if you so choose.

What Does an LPA for Health and Welfare Involve?

Setting up an LPA for health and welfare often involves two separate LPA documents. A Health and Welfare LPA, or medical POA, gives someone you designate the power to make decisions relating to your medical care. An LPA, which refers to health and welfare, can apply to any aspect of your health care, from your ability to make decisions to your living situation in a hospice or residential facility.

An LPA for finance and property management involves the management of your finances and your property. This LPA is most often used by elderly people worried about their health and want to ensure that their wishes will be carried out if they become incapacitated. If you have already drawn up a will, you may have already taken care of all your property and finances, and an LPA is unnecessary. 

Conclusion

If you are worried about your health or the health of a loved one, a lasting power of attorney is undoubtedly a good idea, even if you have already made a will. A will only covers your personal property and has nothing to do with your health care. By having an LPA, you can ensure that your health care and financial dealings are taken care of no matter what happens.  

If you need more information on lasting power of attorney or a related topic, Wills and Probate can provide you with what you need. Contact us today and learn how we can help you!