What is the role of the Attorney in my Lasting Power of Attorney?

Your attorney must act in your best interests in making decisions for you when you are unable to make the decision yourself. They must consider all the relevant circumstances. This includes, if appropriate, consulting you and others who are interested in your welfare.

Your attorney must be over 18 years of age, be able to make their own decisions and not be subject to a debt relief order or be bankrupt.

How do I know if I need an LPA?

We would advise that everyone should have an LPA in place as many people lose capacity quickly through accidents or strokes and an LPA can’t be set up retrospectively.

Approximately 30% of people lose capacity before death and with the population living longer, this is expected to rise. It is best to plan ahead just in case, as this could cause problems in the future.

What is the difference between Property and Financial Affairs LPA and a Health and Welfare LPA?

A Property and Finance LPA is whereby you appoint someone to make decisions regarding your financial affairs, such as looking after your bank accounts, paying bills and investing in savings etc.

A Health and Welfare LPA is whereby you appoint someone to look after your health and wellbeing, for example deciding where you may live such as a care home or  medical treatment should you need it. They can look after everything in relation to your health and wellbeing apart from your funeral arrangements.