Lasting Powers of Attorney (LPA) have been available since 1st of October 2007 and replaced the Enduring Power of Attorney (EPA) from that date, although EPA’s already set up remain valid.
A Lasting Power of Attorney enables the person making it (the donor) to give someone else (the attorney/s) the legal right to deal with their affairs. There are two types of LPA are available. The Property and Financial Affairs LPA, which gives the attorney the authority to deal with the donor’s finances and property, and a Health and Welfare LPA which allows the attorney to make decisions relating to the donor’s healthcare, welfare and in some cases life sustaining treatment.
Many people are concerned about what will happen to them if they cannot make decisions for themselves through loss of mental capacity whether caused by accident or illness. Accidents can strike at any time of life but with a growing elderly population, people are much more aware of the possible effects of Alzheimer’s, dementia, strokes and other conditions which can cause loss of mental capacity.
The new personal welfare LPA provides the opportunity for the attorney to have some say in the donor’s future care, and to state what type of medical treatment they would want or not want. 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.
If you are considering creating a Lasting Power of Attorney or would just like some further information please contact Sue Senkbeil on 01242 237477 or email Sue using the link below: