LPA does it work

Setting Up a Lasting Power of Attorney (LPA)

• LPAs must be set up while you still have mental capacity. Once capacity is lost, it is too late to create one.

 

• An LPA allows you to choose who will act on your behalf – this person is called your Attorney.

If you appoint more than one, you can decide whether they act jointly or separately.

 

• Choose the type of LPA you need:

 

Property & Financial Affairs LPA – for decisions about money, bills, property, and investments.

 

Health & Welfare LPA – for decisions about your medical treatment, care, and daily routines.

 

• You can choose to set up one or both.

 

• Decide when your LPA should take effect:

 

• A Property & Financial LPA can be used as soon as its registered, or only if you lose capacity.

 

• A Health & Welfare LPA can only be used after youve lost mental capacity.

 

• Register your LPA with the Office of the Public Guardian.

 

This ensures it is legally valid and ready to use when needed.

Without an LPA: What Can Go Wrong?

William is in a car accident and loses mental capacity. He has no LPA in place.

• His next of kin have no automatic legal right to make decisions.

• They must apply to the Court of Protection, which is time-consuming and expensive.

• Bank accounts (including joint accounts) may be frozen.

Bills cant be paid, and previous authority for financial transactions is void.

• Investments cant be managed.

Property cant be sold, which could leave a partner unable to move or manage shared assets.

• His family cannot make medical or care decisions on his behalf.

With an LPA in Place: What Goes Right?

William has both Property & Financial and Health & Welfare LPAs.

 

• His chosen Attorneys can step in immediately, without legal delays.

 

• The bank recognises their authority – no accounts are frozen.

 

Bills are paid, investments managed, and financial affairs continue smoothly.

 

Property can be sold if needed – Attorneys handle all paperwork.

 

• Under the Health & Welfare LPA, Attorneys can make decisions about medical treatment, care, and living arrangements.

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