Lasting Powers of Attorney

Financial and Health & Care Lasting Powers of Attorney

Lasting Powers of Attorney

Patrick Cox of our Wills & Probate department considers the two types of Lasting Powers of Attorney (LPA).

There are two types, a Financial LPA and a Health & Care LPA which are considered below.

Financial LPA

A Financial LPA can come into effect immediately or you can state that you only want it to come in to effect if you lose mental capacity. Losing capacity means being unable to make decisions for yourself due an illness, for example dementia.

A Financial LPA can be useful if you have difficulty getting out and about. The person you appoint as an Attorney can deal with attending the bank on your behalf as well as the Post Office and dealing with utility companies on your behalf. At the time of making the LPA, you can decide what decisions your Attorney can make on your behalf so you have ultimate full control.

A point to note however, if you are married or in a civil partnership, your spouse cannot access any accounts which are in your sole name unless you have appointed them as your Attorney.

Health and Care LPA

A Health & Care LPA can only come into effect if you lose mental capacity. If you do lose mental capacity then decisions will need to be taken on your behalf which may include where you live, what type of care you should have and who you should have contact with. By making a Health & Care LPA, you ensure that the person making those decisions is the person you trust most.

What Happens If You Do Not Make A Lasting Power of Attorney

If you do not make an LPA and you lose mental capacity, where decisions need to be made on your behalf, an application will have to be made to the Court of Protection to appoint a Deputy.

Should you have any questions or would like to make an appointment about Lasting Powers of Attorney, then please contact us on 0121 704 3311. Alternative, you can email us at info@charlesstrachan.com