There are two different types of Lasting Power of Attorney (LPA) – a health and welfare LPA and a property and financial affairs LPA. They each have different uses.
If you want to discuss the benefits of a Lasting Power of Attorney in greater detail, or you want to put one in place, please contact us at Breens Solicitors. Our later life planning team will be more than happy to help.
Types of Lasting Power of Attorney
People often talk about putting a Lasting Power of Attorney in place. However, there are actually two different types of LPA. These are –
- A health and welfare LPA
- A property and financial affairs LPA
You can have one or both LPAs in place at the same time. When it comes to later life planning, most people choose to get both types of LPA. This ensures that all the bases are covered, should mental capacity be lost in the future.
Health and welfare LPAs
A health and welfare LPA allows you to appoint an Attorney to make decisions about things such as –
- Your medical care
- Where you live
- Your daily routine, such as what you eat and what you wear
- Who you have contact with
- Whether you have life-sustaining treatment – although only if you have given express permission
Benefits of a health and welfare LPA
The benefit of a health and welfare LPA is that it does not come into force until you lose mental capacity. In the meantime, you retain the right to make decisions for yourself.
If you do lose mental capacity in the years to come – perhaps due to a condition such as dementia – your Attorney can immediately step in. This ensures someone you know and trust can make important decisions on your behalf straightaway. Otherwise, a loved one will have to apply to the Court of Protection to get this authority. This can take a long time, meaning decisions regarding your health and welfare remain in limbo.
Property and financial affairs LPAs
A property and financial affairs LPA gives your Attorney the power to do things such as –
- Buy and sell your property
- Pay your bills
- Collect your pension or benefits
- Manage your bank accounts
Benefits of a property and financial affairs LPA
The benefit of a property and financial affairs LPA is that you can choose when it comes into effect. If you want, it can be used as soon as it is registered.
This is extremely useful for people who want help managing their property and financial affairs, even though they still have mental capacity. For instance, if you live abroad, you might want a relative to be able to sell your property in the UK. Alternatively, you can request that the LPA is only used if and when you lose mental capacity. Like a health and welfare LPA, this avoids the need for a Court of Protection application.
What type of LPA do I need?
You can have either a health and welfare LPA or a property and financial affairs LPA. Or, you can have both. The right decision depends entirely on your situation.
If you are planning for later life, it is normal to put both types of LPA in place at the same time. This ensures someone of your choosing can make decisions on your behalf, if you lose mental capacity in the future. If you want, you can have different Attorneys for each type of LPA.
Make a free enquiry
If you want to make a Lasting Power of Attorney, please contact us. We can discuss your options and provide expert legal advice tailored to your circumstances.