Although we may like to think that we will be fit and healthy until the end of our days, sadly this is not the case for many people.
Most people are aware that our wishes after we have died need to be stated in a Will, but what happens if we become incapacitated mentally or physically in our lifetime? Who makes the decisions about our welfare? Who ensures the bills are paid if we suddenly find we cannot get to the bank?
You may assume that it is your next of kin who will make those decisions. After all, they know you best and they have your best interests at heart. Unfortunately, this is not the case. This is where a Lasting Power of Attorney (LPA) or a Continuing Power of Attorney (in Scotland) comes in.
What is an LPA?
An LPA is a document which sets out who you want to manage your affairs should you become unable to do so for yourself. There are two kinds of LPA:
Health and Welfare – This will dictate who makes decisions regarding your daily routine, medical care, life sustaining medical treatment etc.
Property and Finance – This takes care of matters such as managing your bank accounts, paying your bills and collecting income etc.
Who can you appoint to act as an attorney?
You can appoint a friend, relative or professional to be your attorney so that you can rest assured that should the worst happen, you have someone whom you know and trust assisting and making those decisions for you.
How do I set up LPAs?
Applications for LPAs are handled by the Office of the Public Guardian (OPG). Applications must be made when you have capacity and each type of LPA must be applied for separately. There is a fee for the registration of each LPA with the OPG is around £82.
Applications can be time consuming and complicated and you may benefit from having a professional assist you with your application. Our members are there to discuss and guide you through questions such as who is best to appoint as an attorney or how to complete the forms and will be able to submit the application to the OPG on your behalf ensuring that they are completed effectively. .
