Lasting Powers of Attorney (LPAs) are powerful legal documents that allow you to appoint one or more people of your choice that you trust, such as family members or friends or professionals, to act as your attorneys.
Your appointed attorneys have the legal authority to be able to help you make decisions, act on your behalf and do many things for you, if you cannot act for yourself for any reason in the future. You can appoint up to four attorneys and also replacement attorneys if required.
There are two different types of LPAs; one that deals with your property and financial affairs and one that deals with your health and welfare. The Property & Financial Affairs LPA gives an attorney the power to make decisions about money and property, like managing your bank account, paying bills and selling your home. The Health & Welfare LPA allows an attorney to make decisions for you about your medical care, moving into a care home or life sustaining treatment. These are just a few examples.
Why are they important?
If you have an accident or an illness, or become elderly and you find yourself in a positon where you cannot do something for yourself or you cannot make your own decisions, then no one has the legal authority to step in and help you, unless you have a LPA in place. Your attorneys will have the legal authority to be able to take over from you and manage your affairs. It is a common misconception that your spouse or next of kin can act for you without an LPA, this is incorrect.
In the financial year 2023-2024, the Office of the Public Guardian (OPG) received approximately 1.37 million applications to register powers of attorney, this is a significant increase of around 300,000 applications from the previous tax year.
The growing number of registered LPAs is a sign of the importance of these legal documents in planning for the future. With an aging population, growth of assets, complex family structures and the increased awareness of conditions such as dementia and Alzheimer’s, LPAs are on the rise.
You cannot predict the future and what will happen to you. Once you have put in place LPAs, you store them safely away and they may never be needed. However, should you
find yourself in a position where they are needed, they are invaluable.
Our Wills Trusts and Estates Team can also assist with the preparation of wills alongside your LPAs.
To discuss LPAs, contact the friendly, down-to-earth and approachable team at DFA Law on 01604 609560 or visit the DFA Law website
Katie Nightingale
Associate Solicitor DFA Law
