Legal News | 6.02.25
Lasting Powers of Attorney – Powers that last
In 2022, it was reported that 77% of over 55s in the UK had not registered either type of Lasting Power of Attorney (“LPA”). Although there has recently been a surge in registrations with over 1 million registrations in 2023, there is still a worryingly large number of UK adults who do not have registered LPAs.
There are two main types of LPA, and both are important for different reasons. Firstly, there is a Health and Welfare LPA which allows appointed attorneys to make decisions about the donor’s health care and welfare, including medical treatment and life-sustaining treatment, as well as day-to-day care. Secondly, there is a Property and Financial Affairs LPA which allows appointed attorneys to manage the donor’s money and property.
It is vital to understand how these documents are used in practice as the low number of registrations may indicate a general lack of understanding of their importance.
A Health and Welfare LPA can only be used where the donor has lost capacity and will allow the donor’s appointed attorney(s) to make important decisions on their behalf when it comes to accepting or refusing medical care or treatment. The LPA enables the attorney(s) to convey the donor’s wishes where they cannot.
A Property and Financial Affairs LPA is very different and is important for separate reasons. This document can be used immediately, once registered, if desired, to enable the donor’s appointed attorney(s) to deal with the donor’s bills, property and general finances. This can be of great assistance where the donor lacks or is losing the ability to manage their own finances or communicate their wishes effectively and coherently.
As no one knows when they may lose capacity or need assistance to make decisions for themselves, it is worth considering putting LPAs in place while you are fighting fit. Having LPAs registered means you and your loved ones can rest easy, safe in the knowledge that if, and when, important intervention is needed, paperwork is already in place to facilitate efficient medical and financial support.
If you would like to know more about making and registering LPAs please speak to a member of the Private Client team at Wansbroughs
