Should all elderly people have a Lasting Power of Attorney?

At Macks Solicitors we recommend that all adults have a Lasting Power of Attorney;  not just the elderly.

A Lasting Power of Attorney is a legal document which gives someone else the legal authority to deal with either your financial affairs or health and welfare should, at some point in the future, you be unable to do so.   It is not just for the elderly, younger people may become incapacitated through accident or illness.

By planning ahead it greatly eases the potential burden on your relatives.   If you do not have a Lasting Power of Attorney set up and then later become physically or mentally incapacitated your relatives may face a lengthy and expensive process in applying to the Court of Protection.  Many of our clients make Lasting Powers of Attorney to prepare for the future should they later be diagnosed with dementia.  However, it is possible to lose your mental capacity at any time, temporarily or permanently, because of an injury or illness.

There are two types of Lasting Power of Attorney:

  • A Property & Financial Affairs LPA covers decisions about your property and money.
  • A Personal Welfare LPA covers decisions about your healthcare and personal welfare.

The role of attorney involves a great deal of responsibility and you must make sure that you choose your attorneys very carefully.

PROPERTY AND FINANCIAL AFFAIRS LPA

This can be used whilst you still have mental capacity. Your attorney can make decisions such

  • as paying your bills
  • collecting your pension and benefits
  • paying the mortgage
  • investing money
  • buying and selling property.

PERSONAL WELFARE LPA

This covers decisions about healthcare and can only be used once you have lost your mental capacity. Generally, your attorney decides matters such as:-

  • Where you should live
  • Whether you should consent to a certain type of medical treatment
  • What you should eat
  • Whom you should have contact with

At Macks Solicitors we have specialist solicitors who can provide advice and guidance on both types of Lasting Powers of Attorney.


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