Sometimes we don’t think about setting up a Lasting Power of Attorney (LPA) until it’s too late. If a loved one falls ill, is injured or no longer has the mental capacity to make certain decisions, you could find yourself in a position where you’re unsure of your legal rights. As such, more Portishead families are setting up an LPA early (click here for details) as a reasonable part of their lives. Here’s why:
An LPA allows you to choose people to make decisions on your behalf if you become unable to do so. An LPA can save families from worry and delay, and give them peace of mind.
What an LPA is for
An LPA is a legal document created by an individual (called the ‘donor’). The donor appoints one or more individuals (the ‘attorneys’) to make decisions for them if support is required. The attorneys can be family members, close friends or any other individual that the donor trusts.
There are two different types of LPA:
- Property and financial affairs LPA: this covers things like bank accounts, bills, pensions, savings, investments and property.
- Health and welfare LPA: this covers healthcare and care, medical treatment, day-to-day matters and where the donor lives if they lack mental capacity.
Without an LPA in place, your loved ones might not have the authority to make the right decisions for you. Even if someone close to you, such as a spouse or parent, wants to look after your bank account or talk to organizations on your behalf, they might not be able to.
Why Families Are Preparing Early
One reason more Portishead families are making LPAs early is because losing capacity isn’t something that only happens when you’re old. Anyone can face a situation where they can’t make decisions, including young adults. Capacity issues can occur through illness, injury, a stroke or the onset of dementia.
It’s also better to plan ahead. You will have time to choose the right people to act on your behalf and decide how they can make decisions. You will be able to add instructions and preferences to an LPA. When emergencies happen, there’s usually no time to consider these things.
What Happens if I Don’t Have an LPA?
When someone loses capacity, their loved ones might have to make an application to become their legal representative. This can take some time, and can cause additional stress, costs and paperwork for the family.
Even while waiting for the application to be approved, there might still be bills to pay, care to arrange and finances to look after. Without the correct authority, families are often left in limbo when they most need to take action.
An LPA prevents uncertainty by allowing your chosen representatives to step in and act on your behalf. When an LPA has been correctly completed and registered, it means your attorney(s) will be able to perform their role and make day-to-day tasks much simpler.
Selecting Your Attorney
Making an LPA is more than just filling in a form. Who do you want to take on those responsibilities if the donor cannot? A good attorney needs to be trustworthy, organised, responsible and willing to do what is in the donor’s best interest.
So it’s worth asking these questions before appointing anyone:
- Do they truly understand the responsibility they’ll be taking on?
- Are they capable of making calm decisions under pressure?
- Can they cooperate well with other members of the family?
- Are they practical and reliable?
- Should we name replacement attorneys as well?
While some people appoint one attorney, others prefer to choose several attorneys who can either act jointly or severally. The right approach will depend on the individual donor’s wishes and family circumstances.
Reducing Potential Conflict and Confusion
When the donor’s wishes are not recorded clearly, relatives may disagree over what should be done. This is particularly true in cases of blended families, second marriages, long-term cohabiting partners and families where loved ones are geographically dispersed.
An LPA provides clarity. It identifies who has the authority to make the decisions and outlines how decisions should be taken. This can reduce the risk of confusion and disputes at a time when emotions are likely to run high.
It can also be a catalyst for some productive conversations. While talking about future care, money and personal preferences might seem uncomfortable at first, it can ultimately give families comfort and confidence.
Preserving Independence, Not Removing It
Some donors worry that setting up an LPA means relinquishing their independence. In many cases, however, it is the exact opposite. The donor chooses who they want to make the decisions and what those decisions should cover. They can even specify the way in which certain decisions should be taken.
If the LPA covers financial matters, the attorney may be allowed to continue acting for the donor even while they still have capacity, provided that the donor gives them permission. However, health and welfare attorneys can only act when the donor is unable to make a specific decision themselves.
The aim is not to remove independence, but to ensure that trusted support is available should it ever be required.
Why Planning Ahead Matters
It is only possible to create an LPA when the donor has the mental capacity to comprehend and approve it. If too much time passes, there is a risk that the opportunity will be missed or the process will become more complex.
This is why advance planning, which is explained well at https://www.gov.uk/government, is important. It gives families the time to think things through carefully, have open discussions and get everything set up before it is urgently required. Ideally, the best time to make an LPA is before you need one.
Taking a Proactive Step Toward Security
Increasing numbers of Portishead residents are putting their LPAs in place early on, recognising that forward planning is sensible, reassuring and considerate. An LPA can make life easier for loved ones, avoid delays and ensure that key decisions are made by people who can be trusted.
The sooner families begin the process, the more time they will have to digest all the information and make thoughtful, informed decisions. An LPA is an easy yet effective way to gain greater assurance about the future.
