Understanding Lasting Power of Attorney: A practical guide for carers planning ahead
Supporting someone you care about often means helping them make important decisions, both now and in the future.
For many families, a Lasting Power of Attorney (LPA) is one of those conversations that gets put off until something changes, such as a diagnosis, a fall, a hospital admission or simply the realisation that none of us know what tomorrow might bring.
Planning ahead while someone is still able to make their own decisions can provide reassurance for everyone involved and help avoid unnecessary stress later on.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows someone (known as the donor) to appoint one or more trusted people to make decisions on their behalf if they’re ever unable to do so themselves.
Those trusted people are known as attorneys.
Creating an LPA doesn’t take away someone’s independence. As long as they have mental capacity, they continue making their own decisions. The LPA is simply there should it ever be needed.
The two types of Lasting Power of Attorney
There are two different types of LPA, and many people choose to make both.
Property and Financial Affairs LPA
This allows someone you trust to help manage things such as bank accounts, paying bills, pensions, benefits or selling a property if necessary.
Health and Welfare LPA
This covers decisions about medical treatment, care arrangements, where someone lives and, if chosen, decisions about life-sustaining treatment.
Together, they help ensure that someone you trust can support you with the decisions that matter most.
Why is an LPA important?
As carers, we often assume that close family members can automatically make decisions for one another.
Unfortunately, that’s not always the case.
Without a registered Lasting Power of Attorney:
- Family members may not be able to manage bank accounts or finances
- Healthcare professionals may not be able to involve relatives in certain decisions in the way families expect
- Important decisions can become more complicated and time-consuming
- In some situations, families may need to apply to the Court of Protection, which can take several months and involve additional costs
Having an LPA in place before it’s needed can help make an already difficult situation much easier to navigate.
Blue Sky Tip
An LPA can only be made while someone still has the mental capacity to understand what they’re signing. Many families wish they’d started the conversation sooner.
When should someone make an LPA?
The simple answer is: before it’s needed.
Many people think Lasting Powers of Attorney are only for older people, but illness or accidents can affect adults of any age.
Planning ahead doesn’t mean expecting the worst. It means making sure your wishes are known and that the people you trust can help if circumstances ever change.
Choosing the right attorney
Choosing an attorney is an important decision.
It should be someone you trust completely to act in your best interests and respect your wishes.
Many people choose:
- their husband, wife or partner
- an adult son or daughter
- another close family member
You can appoint more than one attorney if you wish, and it’s often sensible to appoint replacement attorneys too.
Common misconceptions
“My husband or wife can automatically make decisions for me.”
Not necessarily. Marriage or civil partnership doesn’t automatically give someone legal authority to make decisions on your behalf.
“My children can deal with my bank if I’m unwell.”
Banks will usually need legal authority before discussing or allowing access to someone else’s finances.
“I’ve made a Will, so I’m covered.”
A Will only takes effect after someone has died. A Lasting Power of Attorney helps while someone is still alive but unable to make decisions themselves.
“We’ll sort it out if the time comes.”
Unfortunately, once someone has lost mental capacity, it’s usually too late to create an LPA.
Where can I get help?
Creating a Lasting Power of Attorney doesn’t have to be complicated.
Blue Sky Carers is pleased to recommend Power of Attorney Online as a trusted partner to support families through the process.
Their guided online service helps people create their Lasting Power of Attorney with clear step-by-step guidance, expert checks before documents are issued and real human support whenever it’s needed.
If you’d like to find out more, you can visit Power of Attorney Online to learn more about Lasting Powers of Attorney and how the service works.
If you have questions about caring for a loved one or need wider support as a carer, the Blue Sky Carers team is always here to help.