In 2019, the Office of the Public Guardian learned that nearly 75 percent of people think that their partners or close family members can automatically make decisions for them if they’re not able to.

This is not true; only a lasting power of attorney (LPA) gives you the legal ability to give those you trust the power to make decisions on your behalf if you are unable to make decisions. The person making decisions for you would be your attorney.

There are a number of reasons why you might need someone to make decisions for you or act on your behalf. This could be for a temporary situation: for example, if you’re in hospital and need help with everyday tasks such as paying bills. Or you may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future.

A Law Society statement says: “There are two different types of LPA: property and affairs, and health and welfare. You can choose to make either type, or just one. You can have the same attorney for both, or you can appoint different attorneys.

“The first type of LPA covers decisions about money and property. If there comes a time when you can no longer manage your finances, the attorney will do this for you. This could include paying bills, collecting benefits, or selling your house.

“A health and welfare LPA allows the attorney to make decisions on your behalf about your future day-to-day care if you are no longer able to care for yourself, including, if you wish, the power to accept or refuse life-sustaining treatment on your behalf. You decide what powers the attorney can have.”

The Law Society says that with people living longer, it’s important that we plan ahead because there may come a time when we can no longer make vital decisions about our finances and our care.

Please contact Radha Chauhan if you would like more information about Lasting Powers of Attorney or any aspect of wills, trusts and probate.

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