Having Lasting Powers of Attorney can be most valuable for those everyday, seemingly ordinary tasks that your elderly loved ones may need help with, from someone they trust.
We often speak about having Lasting Powers of Attorney (LPA) in relation to making important health or financial decisions on behalf of someone else, perhaps because they have dementia or are physically incapacitated. However, these tend to be the worst-case scenarios. In reality, having legal authority to act for another is most valuable for those everyday, seemingly ordinary tasks, like paying a bill or cancelling insurance.
The two types of LPA
Property and Financial Affairs LPA
If you have this power you can:
- Deal with day-to-day banking – set up a Direct Debit, sign a cheque, pay money into an account
- Set-up, renew or discuss insurance policies
- Discuss a matter with a solicitor
- Make gifts or charity donations (in certain circumstances).
You would also have authority to:
- Sell or rent out property
- Honour any contractual obligations
- Conduct legal proceedings on the donor’s* behalf.
Health & Welfare LPA
If you have this power you can:
- Request a prescription
- Discuss medication with their health practitioner
- Consent to medical treatment or surgery
- Make decisions regarding life-sustaining treatment.
You would also have authority to decide:
- where the person is to live
- whether a care home or a nursing home is best for them, and which one
- whether they can continue to live at home with help from social services.
Without Lasting Powers of Attorney, you may find that financial providers and medical practitioners will not discuss your loved ones’ affairs with you.
One RfM Legal Services client, Alison, explains the difference having Lasting Powers of Attorney made when a close relative moved into a care home:
“At the start of the pandemic last year, a close relative moved into a care home because she could no longer look after herself at home. It fell to us to find the right home, empty her flat and get on top of her financial affairs. This was particularly challenging as, due to the lockdown, we couldn’t see her in person.
“Fortunately, we were able to arrange both types of LPA through RfM Legal Services. This allowed us to discuss her care needs with social services, and speak to the Local Authority and housing provider. Now all her financial correspondence comes to us so we can make sure her affairs are properly taken care of. Before we had the LPAs, we could only access limited information on her behalf.”
Arrange your free consultation today
To discuss setting up Lasting Powers of Attorney for a loved one or for yourself, to make a Will or review an existing Will, please email Sharon Rigden or call 01772 431233.
Your free consultation can be in person, by video call (Skype/Zoom) or telephone, as preferred. Please be reassured that you are not obliged to act on the advice provided.
*The donor is the person who has granted you the power to deal with their affairs in the event that they can’t.