There are several things you can do to prepare for the future, either by setting out some decisions in advance or by letting people know what you would like to happen if you lose capacity to make decisions.  It will be helpful and comforting for your family and future carers to have your wishes clearly explained.

A Lasting Power of Attorney is a legal document which will allow you to choose someone you trust to manage your affairs on your behalf if, at some point in the future, you are unable to do so for yourself.

The document will be specific to you.  You will decide who will have the power to control your affairs and the precise limits of that power.

There are two types of Lasting Power of Attorney (LPA):
• a property and affairs LPA, which gives powers to make financial and property decisions on your behalf, and
• a personal welfare LPA, which gives powers to make decisions about your health and personal welfare, such as where you should live, day to day care or having medical treatment.

The difference between these two types of LPA is that a personal welfare LPA will only take effect when you lack capacity to make decisions.  With a property and affairs LPA, you can specify that the attorney should only start managing your financial affairs after you lack capacity, sometime in the future.

What if I have an enduring power of attorney?

The new system replaces the previous system of Enduring Powers of Attorney, which allowed people to appoint an attorney for property and financial matters only, providing more protection and extra options.  If you have already made an EPA you may wish to create a personal welfare LPA in addition.

Call us to make an appointment to arrange a power of attorney.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

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