Lasting Powers of Attorney (LPA) are crucial legal tools in the UK that allow people to appoint one or more ‘attorneys’ to make decisions on their behalf should they lose the capacity to do so themselves. This can cover decisions about both health and welfare as well as property and financial affairs, ensuring that a person’s needs and preferences are met even if they can no longer articulate them due to mental incapacity.
LPAs are particularly valuable in providing peace of mind, not only to the individuals who set them up but also to their families and loved ones, knowing that trustworthy representatives are ready to step in and act when needed. This foresight protects the individual’s interests and ensures continuity in managing their personal and financial affairs seamlessly. It is an arrangement that underscores the importance of planning for unforeseen circumstances that might impact one’s ability to make informed decisions.
Types of Lasting Powers of Attorney
There are two main types of LPA: one for Health and Welfare and another for Property and Financial Affairs. Each serves distinct purposes and comes into effect under different circumstances.
Property and Financial Affairs LPA
This type of LPA allows the attorney to manage the financial affairs of the individual, including paying bills, managing bank accounts and investments, and even selling property, if necessary. It can be set to come into effect as soon as it is registered or only if the person loses mental capacity.
Health and Welfare LPA
This is activated only when the individual cannot make their own decisions. It covers decisions about daily care, medical treatment, and living arrangements. Importantly, it can also extend to decisions about life sustaining treatment, underscoring the gravity and sensitivity of the attorney’s role.
Responsibilities of an Attorney
The responsibilities vested in an attorney under an LPA are significant, as they directly impact the wellbeing and rights of the individual who has lost capacity. Key duties include:
- Acting in the Best Interests – Every decision made by the attorney must be in the best interests of the person they represent. This includes considering their past and present wishes, feelings, values, and beliefs.
- Consideration of the Person’s Capacity – Before making a decision on behalf of the person, the attorney must determine whether the person might still be able to make the decision themselves with appropriate help and communication.
- Not Benefitting Personally – Attorneys must not benefit personally from their position unless specifically allowed by the LPA. This includes financial decisions and gifts.
The Importance of Acting in the Best Interests
The attorney must always act in the best interests of the individual, taking into account their physical and financial needs and also their emotional and social wellbeing. This ethical obligation is foundational to the role of an attorney under an LPA, ensuring that the power granted is not misused and that the individual’s dignity and autonomy are respected even in their incapacity.
Require Power of Attorney Solicitors in London?
At Gillhams Solicitors, we understand the profound responsibility that comes with acting as an attorney under an LPA. Our team of dedicated solicitors is here to support you in this role, ensuring that you are fully informed and confident in your duties. We offer expert advice tailored to specific circumstances, helping you navigate the complexities of LPAs with professionalism and care. Whether you are setting up an LPA or stepping into the role of an attorney, we are here to provide the necessary legal guidance and support.
We are a team of like minded solicitors who enjoy collaborating and sharing ideas, drawing on each other’s expertise. We’re passionate about providing legal services with empathy, clarity, and creativity. We’re also proud to be individuals with distinct personalities, interests, and a realistic approach to life.
Our team is culturally and professionally diverse, enriching our group with a wide range of experiences. This diversity makes us not only interesting but also skilled and dependable in our legal practice. Our backgrounds shape who we are today, drive our exciting future and enhance our effectiveness in what we do. If you need power of attorney solicitors in London, give us a call on 020 8965 4266 or send an email to solicitors@gillhams.com and we will be here to help.
