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Why do you need a Power of Attorney?

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How much have you thought about setting up a Lasting Power of Attorney (LPA), if at all?

This World Alzheimer’s Day (21st September), we want to highlight the importance of taking proactive steps to protect yourself and your loved ones. The 2024 campaign, “Time to act on dementia, Time to act on Alzheimer’s,” reminds us to plan ahead. We need to take action before it’s too late.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document. It lets you choose trusted people to make important decisions for you if you cannot. These people are often family members or close friends.

There are two main types of power you can choose from:

  • Health and Welfare LPA. Covers decisions about your medical care, daily routine, and even life-sustaining treatment options.
  • Property and Financial Affairs LPA. Gives authority to manage money, property, pensions, bills, and other financial matters.

By setting up a Lasting Power of Attorney, you remain in control of who acts for you. Your chosen Attorney must be over 18 and, most importantly, someone you know and trust to always act in your best interests.

In short, a Lasting Power of Attorney gives you a voice even if you no longer have one.

Ordinary, Enduring and Lasting Power of Attorney: What’s the Difference?

You may have heard of other types of power of attorney, but it’s important to know the distinctions:

  • Ordinary Power of Attorney. Used for temporary or specific situations, such as if you’re abroad or recovering from an illness. It only applies while you still have mental capacity and ends if you lose it.
  • Enduring Power of Attorney (EPA). This was replaced by LPAs in 2007. An EPA only covers financial matters. You can no longer create new EPAs. However, older EPAs may still be valid if made before the change.
  • Lasting Power of Attorney (LPA). The most up-to-date and comprehensive option, covering both financial affairs and health & welfare decisions. Unlike ordinary powers, LPAs remain valid if you lack mental capacity in the future.

Understanding these differences ensures you make the right choice to protect yourself both now and in the long term.

Why do you need to be proactive?

Do you know what it means to lack mental capacity? The NHS defines capacity as “the ability to understand information. It also means being able to make a decision and share that decision.” (source: NHS).

If someone loses capacity, it means they can’t make or communicate decisions for themselves. This may be because of dementia, a mental illness, a brain injury, or other medical conditions. Without an LPA in place, no one (not even your closest family member) has the automatic right to step in.

That is why it is crucial to act early. Creating a Lasting Power of Attorney ensures that your wishes are respected and provides peace of mind to both you and your loved ones.

What happens if you don’t have a Lasting Power of Attorney?

Without a Lasting Power of Attorney, important decisions may be made by people you don’t know. Your loved ones might also face delays because they would need to go to the Court of Protection. This is often a lengthy and expensive process, and the court may appoint someone who does not know your wishes.

It’s worth noting:

  • A next of kin does not have automatic rights to manage your affairs.
  • You can only create a Lasting Power of Attorney while you still have mental capacity.
  • The old Enduring Power of Attorney and Ordinary Power of Attorney are no longer sufficient. They do not cover health and long-term decisions anymore.

How to Register a Lasting Power of Attorney

The process of registering a Lasting Power of Attorney is straightforward but needs to be followed carefully:

  1. Choose your attorneys. Decide who you want to appoint and whether you want more than one person to act.
  2. Complete the LPA forms. Separate forms exist for Health and Welfare LPAs and Property and Financial Affairs LPAs.
  3. Sign and witness. You, your chosen attorneys, and witnesses must sign the forms. A certificate provider will also confirm that you understand what you are signing.
  4. Submit to the Office of the Public Guardian (OPG). Once submitted, the LPA is reviewed and officially registered. Only then can it be used if needed.

We strongly recommend registering early, as the process can take several weeks. Having the paperwork in place provides reassurance that your wishes will be respected when it matters most.

A note from our Managing Director, Ally:

“In many cases, having a Lasting Power of Attorney is even more important than making a will. It’s about protecting your dignity and ensuring you are treated the way you want to be treated during your lifetime.

Sadly, we often see families come to us when it’s already too late. When a loved one has lost capacity and their only option is to apply to the Court to become a Deputy. This is heartbreaking, expensive, and complicated. Setting up an LPA now avoids that pain and ensures your wishes are respected.”

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