Lasting Power of Attorney

Make your wishes known and make sure they’re fulfilled

THERE ARE TWO TYPES OF LASTING POWER OF ATTORNEY

One looks after your Property and Finances, the other your Health and Well-being.

Both are legal documents that allow someone who YOU trust (as opposed to someone a court decides) to look after you the way you would like to be looked after.

Property & Financial LPA

These are just some of the things you can do on behalf of someone who has a Financial Lasting Power of Attorney

  • Buying or selling property

  • Opening, closing and operating bank accounts

  • Receiving income, inheritance or other benefits on behalf of the cared for person

  • Dealing with the cared for person’s tax affairs

  • Paying the mortgage, rent and household expenses

  • Insuring, maintaining and repairing the cared for persons property

  • Investing savings

  • Making limited gifts on behalf of the cared for person

  • Paying for private medical care, residential care or nursing home fees

Health & Well-being LPA

These are just some of the things you can do on behalf of someone who has a Health and Well-being Lasting Power of Attorney

  • Treatment and welfare care

  • Deciding whether they should have a hip replacement

  • Where to live and with whom

  • Who may visit and who are excluded

  • What they want to buy, wear or where to shop

  • Holidays, outings or other experiences

  • Running the house, choosing the wallpaper and settee

  • Deciding about terminal illness treatment and care

  • Considering where they may like to die and funeral arrangements

Carers – what about your cared for person?

We have already explained why you as a Carer need an LPA, but what about your cared for person?

  • If the person you care for has capacity

    They can decide who looks after them should they lose capacity.  This is really important because there may be a time when you might not be able to care for them any more and they need to be able to choose the right person.

  • If the person you care for does not have capacity

    Then you need to apply for a Deputyship. As with LPA, there are two types of Deputyship; one looks after Property and Finances, the other Health and Well-being; you can apply to be just one type of deputy or both.

  • Without an LPA

    There’s not much you can do to help the cared for person when they need you most.  Anything of significance will have to be decided by a court and/or the medical profession without any input from any one who truly knows what that person wants.

Lasting Power of Attorneys – not just for the Elderly

Most people think a Lasting Power of Attorney is for seniors, but that’s not true. If you like adventurous pursuits, drive a car, have a family history of dementia or just want to make sure that you are looked after the way YOU want to be looked after then an LPA is for you. As long as you’re over 18 and have mental capacity you can have one.

Deputyships

A Deputyship maybe required when you care for someone who doesn’t have mental capacity, because for example; they are severely learning disabled, they’ve had a serious brain injury or illness or they have alzheimers/dementia, and you manage their finance and/or well-being and they don’t have a Lasting Power of Attorney (LPA)

The Deputyship application process is far more stringent than applying for a LPA, this is because the Court of Protection is granting power to one individual over another individual’s life without that individuals consent. If you’re appointed, a court order will outline what you can and cannot do and the Office of the Public Guardian will help you carry out your responsibilities until your court order is changed, cancelled or expires. When you become a deputy, you must send an annual report to the Office of the Public Guardian (OPG) each year explaining the decisions you’ve made.

If you’re not sure if someone has a Lasting Power of Attorney, Deputy or Guardian acting for them already, the Office of the Public Guardian (OPG) offers a free search service of their registers to see if someone has another person acting on their behalf.

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We’re based in Derbyshire and service an area that is within a 1 hour journey of Castle Donington.

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    WillsLasting Powers of AttorneyInformation for CarersEmergency Wills