Lasting Power of Attorney UK | Making an LPA

A Lasting Power of Attorney (LPA) allows you to choose who can make decisions about your property and finances or your health and welfare at a time when you can no longer make those decisions for yourself because of a loss of mental capacity.

Here Managing Partner Andrew Welch shares his own experience and highlights the importance of having a Lasting Power of Attorney in place for both family members and the person affected by a loss of mental capacity.

Andrew also comments on how an LPA can help on a daily basis and talks about the importance of acting sooner rather than later if a member of your family is diagnosed with a condition which could result in a loss of capacity.

For more information about Lasting Powers of Attorney call us on 0333 323 3760 or visit our website using the link below:

Video transcript

My mother unfortunately has Alzheimer's, that was only relatively recently diagnosed, but it was apparent to the family and has been apparent for the last couple of years, really, that she's had some memory issues. When bills come through, any letters about finances, that tends to get her quite upset and confused.

With my background as a solicitor, I was able to say to her, "Look, Mum, if things start getting a bit too much for you, handling financial matters, we can arrange a lasting power of attorney which will allow me to assist you with that."

Why is an LPA important and how can it help on a daily basis?

To approach banks, to approach financial institutions and so on, if you don't have an LPA in place, it's very, very difficult. Understandably they don't want to communicate with anyone other than the account holder. I've registered the LPA and that's allowed them to talk to me. In many instances I can have bills sent direct to me and I just discharge them on Mum's behalf. If we hadn't had that in place, I think it would have been incredibly difficult for us to help Mum out dealing with just the day-to-day things that everybody has.

What advice would you give to someone with dementia in their family regarding getting an LPA in place?

If you have concerns that someone may be declining in their mental state, I would say make the arrangements and do it now. Do it sooner rather than later. The difficulty comes that if their mental condition declines to the point that they've lost capacity, it's much, much more difficult to do. You can still make arrangements for assisting someone with their finances, but it's a lot, lot more difficult than if you are setting up an LPA at a time when they're still in relatively good health.

It's been hugely beneficial to our family and my mother in particular, it's allowed me to take a great deal of stress and pressure off her. I am just very, very pleased and grateful that we were able to sort this out some years ago so that now it's absolutely necessary, it's helped our family a huge amount.

[vincerees]

Umm ... What about all the the vulnerable family that get taken advantage of.. the family members that don't know till years later when it's too late.. it's amazing what £800k will do to an financial LPA.... All in the best interests of the doner of course.... It's strange how some FLPA can fight tooth and nail for lack of capacity and each time on 3 occasions medical professionals council and say they have capacity..it's now off to a care home in the next county... Oh and a new capacity test by care home manager.. like a penalty shoot out ... All this is just a hypothetical thought obviously.. buyer beware as with anything there's good and bad .. sounds like yours was lucky enough to have you looking after them .