A Lasting Power of Attorney (LPA) is a legal document that allows you to choose people you trust to make decisions on your behalf if you lose capacity to do so in the future. It is important to mention, an LPA can only be made while someone has capacity, which is why it's important to plan ahead and register one before any unexpected circumstances. 

It is easy to assume you wouldn't need an LPA because of certain cognitive biases, where we believe bad circumstances will not happen to us. However, one person develops dementia every three minutes in the UK, and every 90 seconds, someone is admitted to hospital with a brain injury caused by an accident or stroke. It is also easy to assume a spouse or son/daughter would look after your finances or health needs in this scenario, but this would not be a possibility without an LPA previously being put into place. 

It is important to mention, after an LPA is registered, it remains dormant until it is needed, allowing you to keep complete control over your own finances and health needs. Anyone over the age of 18 should consider having one in place, it’s not just for older people.


What Happens if I don't have an LPA?

• If you lose capacity, you will no longer be able to decide who makes your decisions. They need to be chosen in advance with an LPA. 
• People you do not know, such as a social worker or doctor, will make potentially life-changing decisions for you, such as where you live. 
• Your family and friends will have no control over these decisions, and will have to go to court if they wish to make a decision for you or change a decision that's already been made. 
• Court fees are much more expensive than making an LPA in the first instance, not to mention the stress that going to court will bring to family and friends. 


5 Benefits of Having an LPA in Place

1. You have complete control over who will make your decisions if you lose capacity. 
2. You decide what power your attorneys have. 
3. It's cheaper to set up than the alternative (court of protection fees). 
4. Peace of mind that someone you trust will make your decisions if you lose capacity. 
5. Loved ones are in control over your decisions if you lose capacity, so they do not feel the frustration of being overuled by authorities. 


What are the 2 types of LPA?

1. Property and Financial Affairs - This LPA allows your trusted attorneys to make decisions about money and properties, including:
    - Day to day spending 
    - Paying bills and taxes
    - Managing bank accounts, including savings, pensions and investments
    - Ensuring any direct debits to charities are upheld
    - Managing properties 

2. Health and Welfare - This LPA allows your trusted attorneys to make decisions about your medical treatment and care, including: 
    - Your daily routine
    - Where you live
    - Medications you take 
    - Refusing or consenting to life-sustaining treatment (This is not the same as a DNR)
    - Paying for daily essentials, e.g. clothing and food, that will enhance your quality of life


You do not need both types of LPA, but most people will choose to get both, ensuring all the bases are covered.