As we are living longer, the risk of losing mental capacity because of dementia has increased significantly. As a result, millions of people across the UK are no longer able to make decisions for themselves.
That said, losing mental capacity is not only because of dementia and old age. Being diagnosed with a serious illness or having an accident may also result in younger people losing mental capacity, whether temporary or permanent.
For this reason, creating a Lasting Power of Attorney (LPA) should be seen as a priority for all ages.
What is an LPA?
A Lasting Power of Attorney (LPA) is a legal document that allows you to nominate someone you trust to make decisions on your behalf if you’re unable to do so. It’s important to remember that if you do not have an LPA when you need it, it’s probably too late.
This is because you can only create an LPA while you have mental capacity. If you’ve lost capacity and are no longer capable of making decisions, you cannot create an LPA retrospectively. This is why it’s important to create one as soon as you can, no matter how old you are.
The person you choose to make decisions on your behalf is known as your ‘attorney’.
Who should have an LPA?
An LPA lets you choose someone you trust to make decisions if you lose the ability to do so, due to illness, accident, or dementia. It’s a simple way to protect your health, finances, and peace of mind.
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You stay in control – choose who acts for you and how
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Mitigate delays and costs – no need for a Court of Protection application
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Protect your wishes – ensure the right person makes decisions
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Plan ahead – be prepared for whatever life brings.
Different types of LPA
There are two different types of LPA and you can choose to have either, or both.
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When do you lose mental capacity?
A person is said to lack mental capacity if they cannot:
- Understand information that’s relevant to the decision they’re making
- Retain information for long enough to make a decision
- Weigh up the information in order to make a decision
- Communicate their decision.
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What happens after the LPA is created?
LPA’s must be registered with the Office of the Public Guardian before they can be used. However, many are rejected at registration because of simple mistake that were made when the LPA was being created. As experienced professionals in the creation of LPAs, we can ensure these mistakes are avoided, which in turn, avoids any complication at the registration stage.
It’s worth remembering that there are times when LPAs are abused by attorneys. Solicitors that you will have access to through AFH are accredited by the Association of Lifetime Lawyers, which provide specialist training in meeting the needs of older and more vulnerable clients, as well as identifying signs of neglect or abuse. This is why we can prepare the LPA’s in a way that reduces the risk of abuse.