December 6, 2022


Business/Industrial Goods and Services

Lasting power of attorney for people with dementia

If you want to make an LPA which only deals with certain matters, you should make sure that it is drawn up very carefully so that the attorney is very clear about what authority they have to deal with your affairs. However, if you made and signed an E

If you want to make an LPA which only deals with certain matters, you should make sure that it is drawn up very carefully so that the attorney is very clear about what authority they have to deal with your affairs. However, if you made and signed an EPA before 1 October 2007, it should still be valid. An EPA covers decisions about your property and financial affairs, and it comes into effect if you lose mental capacity, or if you want someone to act on your behalf. A property and financial affairs LPA gives your attorney the power to make decisions about your money and property. This includes managing your bank or building society accounts, paying bills, collecting your pension or benefits and, if necessary, selling your home.

You may need to make longer-term plans if, for example, you have been diagnosed with dementia and you may lose the mental capacity to make your own decisions in the future. Specifically, you must keep the donor’s money and property separate from your own, and keep accurate accounts in all of your dealings as an attorney. To cancel an unregistered EPA, you’ll need to sign a formal document called a Deed of Revocation. But you must have the mental capacity to make that decision, and you must tell your attorneys and the Office of the Public Guardian so they can remove the LPA from the register.

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In England and Wales, a lasting power of attorney (“LPA”) is a document which allows you to appoint a person that you trust to make decisions on your behalf should you become unable to do so. This practice area is incredibly wide ranging and includes immigration and asylum cases, privacy cases affecting celebrities and international law issues. Clients may range from low-income refugees and prisoners through to large news organisations and government departments. Commercial and corporate solicitors advise on complex transactions and act for businesses of all sizes, from international corporations to small start-ups.

General company law might involve advising on company directors’ rights and responsibilities, board meetings and shareholders’ rights. Corporate work often concerns mergers and acquisitions, demergers, joint ventures and share issues. Without a Lasting Power of Attorney, your family and friends may find it difficult to manage your affairs and they may not know your wishes. They may need to apply to the Court of Protection for a deputyship order, which can be costly and time-consuming. Our expert team of lawyers has a great deal of experience in Lasting Powers of Attorney and can help you to make a plan that ensures your wishes are adhered to later in life.

  • We explain who you can choose, how they should act and what you can do if your attorney isn’t acting in your interests.
  • If you’re aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future.
  • You can choose to appoint more than one person – such as a family member, spouse or a friend – to act as your attorney.

This is called having mental capacity – see under heading, When does someone lack mental capacity? You can only make a power of attorney which allows someone else to do things that you have a right to do yourself. There is one form for a property and affairs LPA and a different form for a health and welfare LPA. If you want someone to look after your financial affairs and your health and welfare, you will need to make two separate LPAs and fill in both forms. You can give someone power of attorney to deal with all your property and financial affairs or only certain things, for example, to operate a bank account, to buy and sell property or change investments.

Who can make decisions when someone loses mental capacity and there’s no power of attorney?

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It’s not possible to use a health and welfare LPA until the person who made it has lost their mental capacity. If this is the case, you can ask for someone else, usually a relative but sometimes a friend or neighbour, to be made your appointee. You should contact the office which deals with your benefits or tax credits. You will need to fill in an application form, and someone will arrange to visit you and the person you want to act on your behalf.

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The Public Guardian must notify the donor and any attorneys that they have registered the LPA. When you make an LPA, you can request that certain people should be notified when the LPA is registered. This helps to protect you against fraud and being pressurised into making the LPA. You should use form LP3 to notify the people named in your LPA, before you apply to register it. This is because you won’t be able to continue using an ordinary power of attorney if you lose your mental capacity. When someone makes a power of attorney, they appoint someone else to act on their behalf.

You can make a health and welfare LPA which deals with all aspects of your personal welfare, or only certain things. The LPA must always include authority for the attorney to make decisions once the donor has lost their mental capacity. A power of attorney gives the attorney the legal authority to deal with third parties such as banks or the local council. If you have any questions on the status and practising rights of EU and foreign lawyers in England and Wales, In addition to LPAs, you may come across something called a general or ordinary power of attorney. These can also give someone permission to manage your property and finances on your behalf.