When planning for the future, one of the most important legal documents you can put in place is a Lasting Power of Attorney (LPA). Yet many families only discover its importance when it's too late to apply. Understanding what an LPA is and why it matters can provide invaluable peace of mind for both you and your loved ones.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to choose someone you trust (called an 'attorney') to make decisions on your behalf if you become unable to do so yourself. This could be due to illness, accident, or conditions such as dementia that affect your mental capacity.

There are two types of LPA, and you can choose to have one or both:

1. Health and Welfare LPA This covers decisions about your daily routine, medical care, moving into a care home, and life-sustaining treatment. It only comes into effect when you lack the mental capacity to make these decisions yourself.

2. Property and Financial Affairs LPA This covers decisions about your money, property, and financial affairs. Unlike the Health and Welfare LPA, this can be used as soon as it's registered, even while you still have mental capacity (if you choose to allow this).

Why is an LPA So Important?

Maintaining Control Over Your Future An LPA ensures that someone you trust will make decisions that align with your values and preferences. Without one, if you lose mental capacity, your family may need to apply to the Court of Protection to become your deputy – a lengthy, expensive, and stressful process.

Supporting Family Decision-Making For families navigating care decisions, having an LPA in place removes uncertainty about who has the legal authority to make important choices about care arrangements, medical treatment, and financial matters.

Preventing Family Disputes Clear legal authority helps prevent disagreements among family members about what's best for their loved one, as the appointed attorney has the legal right to make decisions.

When Should You Consider an LPA?

The Earlier, The Better You can only make an LPA while you have mental capacity. This means it's crucial to consider this legal protection before you need it. Many people mistakenly believe they can wait until they're older or unwell, but by then it may be too late.

Life Changes Consider reviewing your LPA arrangements when major life events occur, such as:

• Marriage or divorce

• Birth of children or grandchildren

• Death of your chosen attorney

• Significant changes in your relationships or circumstances

The Application Process

Cost and Timeline Each LPA costs £82 to register with the Office of the Public Guardian. You can apply online or by post, and the process typically takes 8-10 weeks. While you can complete the forms yourself, many people choose to use a solicitor to ensure everything is completed correctly.

Choosing Your Attorney This is one of the most important decisions you'll make. Your attorney should be:

• Someone you trust completely

• Able to make difficult decisions under pressure

• Likely to be available when needed

• Capable of managing the responsibilities involved

You can appoint more than one attorney and decide whether they must act jointly (together) or jointly and severally (together or separately).

Common Misconceptions About LPAs

"My Spouse Can Automatically Make Decisions for Me" This is not true. Without an LPA, even spouses don't automatically have the legal right to make financial or health decisions for each other.

"It's Too Complicated" While the forms require careful completion, the process is straightforward, especially with guidance. The peace of mind it provides far outweighs the effort involved.

"I'm Too Young to Need One" Mental capacity can be lost at any age due to accident or illness. Having an LPA in place protects you regardless of your age.

LPAs and Dementia Care

For families dealing with dementia, an LPA becomes particularly crucial. Dementia affects decision-making capacity gradually, and having legal protection in place early allows families to:

• Make care arrangements that reflect the person's known wishes

• Manage finances to fund appropriate care

• Make medical decisions when the person can no longer do so

• Avoid the stress and expense of court proceedings

At MoralCare, we often work with families who have LPAs in place, and we've seen firsthand how this legal protection reduces stress during already challenging times. It allows families to focus on ensuring their loved one receives the best possible care rather than worrying about legal complications.

Supporting Decision-Making for as Long as Possible

Even with an LPA in place, it's important to remember that the goal is to support the person in making their own decisions for as long as possible. This aligns with the principle of maintaining independence and dignity – core values in quality care provision.

Taking Action

If you don't currently have an LPA in place, consider this your reminder to take action. The application process is straightforward, and the protection it provides is invaluable.

Steps to Get Started:

1. Decide which type(s) of LPA you need

2. Choose your attorney(s) carefully

3. Complete the application forms (online at gov.uk or with professional help)

4. Pay the £82 fee per LPA

5. Wait for registration confirmation

Conclusion

A Lasting Power of Attorney is one of the most important legal documents you can have. It's not just about planning for worst-case scenarios – it's about ensuring your voice is heard and your wishes are respected, even when you can't speak for yourself.

Don't wait until it's too late. The best time to make an LPA is when you're healthy and have full mental capacity. Your future self – and your family – will thank you for taking this important step.

For more information about LPAs, visit gov.uk or speak with a solicitor who specialises in this area of law. We recommend ANREA at Morecambe Bay Wills if you require specialist help and support.