Question 38
What is a Lasting Power of Attorney and why does it matter for care?
A Lasting Power of Attorney gives someone you trust the legal authority to make decisions on your behalf if you lose the ability to make them yourself. There are two types — one for health and welfare decisions including care arrangements, and one for property and financial affairs. Both must be registered with the Office of the Public Guardian before they can be used. The critical point is that an LPA must be set up while the person still has mental capacity. If capacity is lost first, the family may need to apply to the Court of Protection, which is significantly more expensive and time-consuming.
Setting up an LPA while someone is well is one of the most important practical steps a family can take — it cannot be done after capacity is lost.
What changes the answer
- Whether the person currently has mental capacity to create an LPA
- Whether both health and welfare and financial LPAs are needed
- Whether an existing LPA has been registered with the Office of the Public Guardian