Led by James Scotney, Town and Country Law specialises in providing clients with sensible, no-nonsense advice, enabling them to plan responsibly for their future and beyond. This article will look at lasting powers of attorney, legal instruments that enable donors to appoint one or more trusted individuals to act as their attorney, enabling their loved ones to make decisions on their behalf should they lose mental capacity.
Under the laws of England and Wales, there are two types of lasting power of attorney (LPA):
- Property and financial affairs LPAs, which cover decisions regarding financial matters such as bank and building society accounts, bills, pensions, benefits, and buying and selling property
- Health and welfare LPAs, which cover decisions regarding care needs, e.g. moving into a care home, medical care and life-sustaining treatment
LPAs are only valid in England and Wales, with the Scottish equivalent being a power of attorney. In Northern Ireland, there are two slightly different processes: powers of attorney and enduring powers of attorney.
Experts from the Alzheimer’s Society estimate that there are currently 982,000 people living with some form of dementia in the UK, with over a third of cases remaining undiagnosed. By 2040, the Alzheimer’s Society predicts that this figure will rise to 1.4 million.
Most individuals with dementia eventually reach a point where they lack the capacity to make decisions about their care or finances. Making an LPA while they still have mental capacity is an effective means of stipulating their preferences regarding their future care and financial affairs.
An attorney has a legal responsibility to respect the donor’s wishes so far as possible, making all decisions in the donor’s best interests if they lose mental capacity. If a person loses mental capacity but has not made an LPA, it will be more difficult for their loved ones to make decisions on their behalf. They may need to apply to the Court of Protection to be appointed as a deputy: a complex, laborious and expensive process.
While it is not strictly necessary to seek legal advice to make an LPA it is advisable to do so, as enlisting professional help could help to avoid significant problems later on, particularly where the donor is unsure of the process or their affairs are complex. Town and Country Law help clients across the country to create lasting powers of attorney, safeguarding their future, working closely with each client to identify their unique needs, guide them through the process, and create an action plan to meet their requirements and desires. Town and Country Law helps clients to ensure that their wishes regarding their care and estate are always adhered to, ensuring that their voice is always heard – even if they find themselves in a position where they cannot communicate their wishes themselves.