Lasting powers of attorneys (LPA’s) are legal documents which allow others to make decisions for you. There are two types – ‘Property & Financial Affairs’ and ‘Health & Welfare’.

The Property & Financial Affairs LPA covers financial decisions such as managing bank accounts, paying bills, selling property and making investments. They are often used when a person lacks the capacity to make these decisions for themselves, but they can be used earlier by permission e.g. to help someone who is physically frail.

The Health & Welfare LPA deals with your care and can authorise your attorneys to make decisions regarding end of life medical treatment if you wish. They only come into force when a person has lost capacity completely. Care homes often ask for them when someone enters the care system.

With both types of LPA you must have mental capacity to create them. Some people avoid making them for fear of losing control, but there are safeguards to keep you in control for as long as you want to be. In reality LPAs are the only way you can ensure that the people you trust will make decisions for you.

If you were to lose capacity with no LPAs in place, someone would have to make an application to the Court of Protection for a Deputyship Order where the Court appoints a person to manage your affairs. It takes away choice, costs more and takes longer than an LPA.

If you would like further information please contact the Private Client Department at Totnes on 01803 862233 or at Kingsbridge 01548 852727.