During this public health emergency, we know some people will fall ill from the coronavirus. With some simple steps, adults can make sure their personal and financial affairs can be taken care of, if they are unable to do so themselves.

The main tools for this are Lasting Powers of Attorney (LPA). Here we take a look at this sometimes misunderstood topic, and answer some of the more frequently asked questions our solicitors encounter.

What is a Lasting Power of Attorney?

If you lose capacity, or the ability to make decisions for yourself, a Lasting Power of Attorney will ensure your wishes are carried out by other people. They will have the legal right to make decisions on your behalf.

There are two types of LPA – one to help with your property and financial affairs, and one to look after your health and wellbeing. They can only be made by someone who has the mental capacity to do so at the time, and who is over 18.

Why would I need one; aren’t they just for elderly people?

Unfortunately there are many scenarios that could see you need to ensure your affairs are looked after.

Perhaps a debilitating, sudden accident or a decline in mental health. According to the Alzheimer’s Society, there are currently around 850,000 people in the UK with dementia, projected to rise to 1.6m by 2040.

What would happen if you were unable to make decisions about your finances at this point, or if a decision was required about your healthcare? These types of scenarios do not just face the elderly – early onset dementia, for instance, is on the rise.

How are they different from a Will?

The two types of document are very different. A Will sets out your wishes for after you die – a Lasting Power of Attorney is very much about giving you more control while you are still alive.

In order to fully prepare for the future, both a Will and LPAs are a necessary and important tool.

What happens if I don’t have a LPA?

This scenario can mean a person’s family members will need to take legal action in order to make decisions for a loved one if they become unable to do so.

The Court of Protection will need to appoint a deputy who can make these decisions – a costly and time-consuming process for a family who may already find themselves in an emotional situation.

Deputies can make decisions along the same lines as an LPA – property and financial affairs, and health and welfare.

Making an LPA can avoid this step and make sure your wishes are carried out to your specific instructions.

How do I make one?

The process can be a complex one, and the documents will need to be property witnessed so it’s always best to seek professional legal advice in order to ensure an LPA does exactly what you want it to.

For further advice on making a Lasting Power of Attorney, or any other asset planning matter, contact:

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