Lasting Powers of Attorney (LPA) replaced the Enduring Powers of Attorney from 1 October 2007 and allow you to choose some-one you trust to make decisions on your behalf as your attorney. The attorney(s) you appoint make decisions on your behalf and they are subject to guidance and regulation for your protection.

An LPA can be particularly useful if, in the future, you no longer wish to make those decisions yourself or lack the mental capacity to do so.

There are two types of LPA.

For Property and Affairs:
This enables you to appoint attorney(s) to make decisions on your behalf in relation to your property and finances.

The type of decisions your attorney(s) may make include:

• Operating, closing or opening accounts containing your money;
• Claiming and receiving benefits on your behalf;
• Dealing with your tax affairs;
• Paying your household expenses;
• Buying, selling or leasing your property; and
• Paying for private medical treatment or residential care costs from your money.

For Personal Welfare:
This enables you to appoint attorney(s) to make decisions on your behalf in relation to your welfare.

The type of decisions your attorney(s) may make include:

• Consenting to or refusing consent to any medical treatment or procedure;
• Deciding where you should live;
• Deciding what care and accommodation may be appropriate for you;
• Making decisions about your dress, diet and personal appearance; and
• Taking you on holiday or authorising someone else to do so.

You may provide guidance in both types of your LPA as to how your attorney(s) may make these decisions and anything else that you would wish your attorney(s) to consider.

How to make an LPA
To make an LPA you must use a special LPA form. To be valid it is essential that the LPA form is completed correctly, while you are capable, and is registered with the Office of the Public Guardian.
You may also wish to include conditions or restrictions in the LPA limiting what your attorney(s) can do.

If you require advice or wish to have an LPA prepared, then please contact Richard Caley, Ian Powleson or Trevor Sidwell on 01527 584444