3.4 What is lasting power of attorney?
This is a legal document which must be drawn up by a solicitor, and allows the individual who has the capacity to do so, to choose other people to make decisions on their behalf. There are 2 types of lasting power of attorney (LPA):
- health and welfare
- property and financial affairs.
People can choose to make one type of LPA or both.
You can read more in the UK government’s overview about power of attorney [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] .
Lasting power of attorney will be applicable only if the individual:
- loses mental capacity to make their own decisions about their finances and property, and health and welfare
- or if they are no longer physically able to manage their financial affairs, and health and welfare.
Health and welfare lasting power of attorney
An individual uses this LPA to give an attorney the power to make decisions about things like:
- daily routine, eg washing, dressing, eating
- medical care
- moving into a care home
- life-sustaining treatment.
It can only be used when the individual is unable to make their own decisions.
Property and financial affairs lasting power of attorney
An individual uses this LPA to give an attorney the power to make decisions about money and property, eg:
- managing a bank or building society account
- paying bills
- collecting benefits or a pension
- selling a home.
It can be used as soon as it’s registered, with the individual’s permission.
3.3 What is advance care planning (ACP)?