Types Of LPA

There are two types of LPAs

Health and Welfare LPA

The Health and Welfare LPA covers your Medical and Welfare arrangements. It does not give your Attorneys permission to make decisions for you on your behalf unless you lose mental capacity. The Mental Capacity Act 2005 is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment including those with dementia, a brain injury, mental health illness or a stroke.

Reasons For Having LPAS

Financial and Property LPA

The Financial and Property LPA deals with aspects such as your banking, investments, property and household bills. Unlike the Health and Welfare LPA which is only triggered when a Donor loses mental capacity, the Financial and Property LPA can be used and acted upon as soon as you wish. You can retain full control over all your affairs, but you also have the flexibility to start withdrawing from your decisions and actions over time.

Reasons For Having LPAS

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Many people think that if they were to lose mental capacity due to an illness or accident, their partner/spouse could simply take over all their property, financial affairs and healthcare decisions. Without an LPA this cannot happen. The Mental Health Capacity Act is designed to protect people who have lost the capacity to make decisions for themselves. Without an LPA it could be very difficult for your family even if property and bank accounts are jointly owned. In many cases an application to the Court of Protection to become a deputy is required. This gives similar powers to that of an Attorney. But it’s a time-consuming and expensive process.

When a Lasting Power of Attorney has already been drawn up and registered, the situation is considerably easier.

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