Powers of Attorney
With the introduction of the Mental Capacity Act in 2007, the rules surrounding the care of people with health conditions such as dementia, learning difficulties, brain damage and mental illness changed, and included the creation of Lasting Powers of Attorney (LPA) which allowed a nominated person to make decisions on their behalf about such things as their health and welfare, as well as handling their property and finances at a time in the future when they no longer wish to make those decisions or they may lack the mental capacity to make them for themselves.
Even if someone is mentally well, but finds it physically difficult to deal with their day-to-day matters, an LPA giving someone else the authority to sort out their finances may be beneficial. Many people do not realise that they can stipulate restrictions in the LPA to limit the powers their representative has or that they can limit the duration of the LPA. This can really help people who, for instance, are going through a period of illness.
The LPA can be drawn up at any time, but it has no legal standing until it is registered with the Office of the Public Guardian. A registered LPA can be used whether you have the mental ability to act for yourself or not.
You can create two types of LPA:
- Property and Affairs LPA
- Personal Welfare LPA
This allows someone to manage your money and property.
This lets your representative make decisions about your healthcare and welfare, including being able to refuse or consent to treatment on your behalf and deciding where you should live. However, these decisions can only be taken once the LPA has been registered.