In an unfortunate case where a close one has lost mental capacity, you have the ability to be able to deal with their matters if they have created a Lasting Power of Attorney (LPA). An LPA is a legal document which allows an individual to appoint a person, or people, to make decisions on their behalf if they lose the mental capacity to make certain decisions.
LPA’s are very important in letting people manage affairs of someone who isn’t able to anymore. There are two types of LPA’s, one which deals with property and financial affairs while the other focuses on personal health and welfare. The two types of LPA’s are explained in detail below:
Property & financial affairs LPA gives you the power to deal with property and financial affairs of a person who has lost capacity. This includes tasks such as
- collecting pension
- benefits or other income
- paying bills
- dealing with a bank or building society
- completing tax returns
- buying & selling property
- making certain gifts
Personal health & welfare LPA gives you the power to deal with future welfare and medical treatment. This includes tasks such as
- meal arrangement
- general shopping such clothes and other utilities
- managing daily routine
- making decisions on moving to a new home or nursing care
- providing consent or making decisions on life sustaining treatment
The LPA can be either or both. Its entirely upto the creator or the LPA to decide what decision making power they want to pass on once they have lost capacity.
Who can be appointed?
The person who is appointed to deal with the matters is known as an attorney. The attorney should be someone trustworthy and can include a family member, friend or professional advisor. Multiple attorneys can be names in a LPA. They can act jointly or severally and on the basis of specific matters.