Protecting your family members is at the core of our private client services.
A lasting power of attorney (LPA) or Court of Protection can be required at any stage of life and for numerous reasons. Typically, however, an LPA as it’s commonly known is required when a person needs care or additional support.
It is a common misconception that your next of kin can make certain decisions for you if you are not able to, especially in respect of your health and wellbeing.
The reality is that you must formally give the power to another person to make decisions for you, even if that person is your spouse or civil partner.
Historically, these powers were granted in an Enduring Power of Attorney (EPA), and these can still be valid today. However, more recently, a LPA is used, and this is what we discuss here.
What is a Lasting Power of Attorney (LPA)?
There are two types of LPAs. One will deal with finances and property and the other deals with health and welfare.
It is important to know what someone can do for another person either with or without an LPA whether you are the donor (the person who needs help), the attorney (the person who can make decisions), or the third party who needs to rely on the LPA.