Make the choice, don’t take the chance was


the key message


from the Ministry of Justice’s campaign to try to encourage more people to put in place Lasting Powers of Attorney (LPAs). LPAs allow you to make an advance appointment of an attorney (or attorneys) who is then authorised to make decisions on your behalf if you lose the ability to make those decisions for yourself. If you do not have LPAs in place and you then lose the ability to make decisions, it might be necessary for a judge sitting in the Court of Protection to decide who should manage your affairs (which could involve the appointment of professionals who will charge for their time).


Although we all hope that we will live to an old age in good health and with full mental capacity, a report by the Alzheimer’s Society indicates that the number of persons suffering from dementia is increasing. According to the Alzheimer’s Society, there were over 800,000 people in the UK with dementia in 2015. Over 40,000 of those have early onset dementia (which is onset before the age of 65). It is forecast that this could increase to over 1 million people suffering with dementia by 2051.


However, it is not only dementia which can lead to a loss of the ability to make decisions. Mental capacity can be lost through other illnesses or through unforeseen accidents, at any age. LPAs are


22 | ehd February 2017


Make the choice. Don’t take the chance


therefore relevant to all adults, regardless of age and current health. Putting in place LPAs can help protect your loved ones against undue stress and administration (such as an application to the Court of Protection) in the worst case scenario that you can no longer make decisions for yourself.


There are two types of LPA: health and welfare, and financial and property affairs. The health and welfare LPA allows you to appoint a person (or persons) of your choice, to make decision on your behalf about matters such as:


• refusing or consenting to medical treatment;


• where you should live and what you should eat;


• day to day issues such as your dress and daily routine;


• what care you should receive; • who you should have contact with.


These decisions can only be made on your behalf if you are unable to make them yourself.


There is also the option in the health and welfare LPA to allow the person you have chosen to make decisions about whether you should receive life sustaining treatment. Previously, a medical professional was obliged to give any treatment or care required to preserve life if it was decided by them that it was in the best interests of the patient and the patient was unable to make that decision. Now, where a valid LPA is in place, the medical professional must seek consent from the person who has been appointed to make decisions on behalf of the incapacitated patient. This gives the patient the power to nominate a person of their choice in advance to make important decisions on their behalf, rather than leaving those decisions to the medical


professionals alone. Furthermore, the LPA document allows you to specify guidance and/or instructions regarding any factors or wishes which you want taken into account when a decision is made about your health or welfare.


The financial and property affairs LPA allows you to appoint a person to make decisions about matters such as:


• collecting any income in and paying your bills;


• selling or purchasing property in your name;


• dealing with your tax affairs; • managing your bank account.


There is an option in the LPA document to allow the person you have chosen to assist with your financial and property affairs whilst you can still make decisions, provided you give your consent. This can be helpful if, for example, you are in hospital and are unable to physically deal with your affairs although you are still able to make decisions about them. As with the health and welfare LPA, you can give guidance and instructions as to how decisions should be made on your behalf.


If you would like further advice on putting in place LPAs, please contact Charlotte Searle. Charlotte Searle is a solicitor and fully qualified member of both the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS).


Bridge House


27-31 Reading Road South Fleet, Hampshire GU52 7QP Tel: 01252 811070 Fax: 01252 811133


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