Why Lasting Powers Of Attorney are important with a dementia diagnosis

A Lasting power of Attorney (an ‘LPA’) is a legal document that gives you (the ‘donor’) the opportunity to appoint one or more people (known as attorneys) to make decisions on your behalf in the future, when you may not have the capacity to do so. Nobody likes to consider this prospect, but an LPA is a useful tool.

There are two types of LPA:

• An LPA for property and financial decisions. This type of LPA gives an attorney the power to make decisions about your property and finances on your behalf. For example, by managing your bank accounts, paying your bills and selling your home. With your permission, this LPA can be used as soon as it is registered by the Office of the Public Guardian.

• An LPA for health and welfare decisions. This type of LPA gives an attorney the power to make decisions about your personal health and welfare. For example by making decisions surrounding your medical care, deciding where you are going to live and making decisions about your daily routine such as who you visit. You can also give your attorneys the authority to give or refuse consent to life sustaining treatment on your behalf. This type of LPA can only be used by your attorneys if it is deemed by a medical professional that you do not have mental capacity to make these decisions for yourself.

There are many benefits of making an LPA, which include but are not limited to:

1, Having control

2. Provides peace of mind.
3. Avoid court intervention and family disputes.

1.     Having Control

One of the main attractions to making an LPA is that you get to control what happens if you lose capacity. Whilst giving someone else the ability to make your decisions for you seems like the opposite of control, choosing someone you trust ensures that your wishes are followed when you can’t advocate for yourself.

You can tailor your LPA to meet your needs and preferences, and you can even have different attorneys for each type of LPA. Moreover, you can include instructions on how your attorney should make decisions on your behalf and set limitations to their powers. This helps to ensure that you have control over future actions when the LPA is active.

An LPA allows you to say what decisions you want made, who it is that should make these decisions and how you want them to make the decisions.

2.     Provides peace of mind

Knowing that everything is in hand for the future can give you and your loved ones considerable peace of mind. Your bills will be paid, any investments or benefits managed, and you will be taken care of according to your own wishes.

3.     Help avoid court intervention and family disputes.

Having an LPA in place provides clear instructions as to who should manage your affairs, and what should happen in the case that you lose the ability to make your own decisions for yourself. Having this written down can reduce tension amongst those closest to you- and gives the attorney something to refer back to if conflict does arise.

If you don’t make an LPA before losing capacity, your family may be required to apply to the Court of Protection to appoint a deputy to manage your affairs. This is a very time-consuming and expensive process and you will have no control over who is appointed to make decisions on your behalf.

Power Of Attorney Vs Last Will And Testament: What’s The Difference?

In short, the difference between a power of attorney and the last Will and testament is timing.

Whilst a Will ensures your wishes are carried out after you pass away, a lasting power of attorney ensures your finances, assets, and family are protected whilst you’re still alive.

How We Can Help

Putting a lasting power of attorney in place and choosing a trusted attorney will provide you with the peace of mind that your assets and care are in good hands.

If you’re looking to make a lasting power of attorney, Harding Evans’ Wills and Probate solicitors are on hand to assist and advise you through the process.

Whether you meet us at one of our offices in Newport or Cardiff to discuss your needs or arrange a home visit, our experienced solicitors are on hand to help.

Get in touch with a member of our team today.