When Should I Make A Lasting Power Of Attorney?

When Should I Make A Lasting Power Of Attorney?

Most people do not think about what would happen should they no longer be able to deal with their own affairs whilst they were still alive.

- 1 September 2022

Many people will think about making a Will, often after either a big event such as a marriage or having children, or when they experience a family bereavement and it makes them think about their own affairs. Whilst it's important to have a Will in place to deal with your assets on death, most people do not think about what would happen should they no longer be able to deal with their own affairs whilst they were still alive.

Anybody who has mental capacity can make a Lasting Power of Attorney (LPA)

There are two types of LPAs:

  • One that deals with property and finances
  • One that deals with health and welfare decisions

Preparing an LPA is a relatively straightforward process, once you have decided who you wish to appoint as your Attorneys. Your Attorneys are the people who you are giving power to deal with your affairs. They'll be able to make decisions regarding things such as medical treatment or dealing with your assets.  It's important t0 choose someone who knows you well and that you trust.

LPAs are registered at the Office of the Public Guardian. It takes around 12 weeks to register, and once registered can be used immediately. It may be that you never lose mental capacity to make your own decisions, however there may come a time when you no longer wish to do things for yourself, or are no longer physically able to.

As people are living longer it's important to have measures in place so that you'll be able to continue living your life as you always have. If you didn't make an LPA and became unable to manage your affairs as you lose mental capacity, there is a legal process whereby someone can apply to the Court to be appointed as your Deputy. However, this is a much more complicated and lengthier process than preparing an LPA and should be avoided if possible.

It's never too early to make an LPA. They do not have to be used straightaway and can be seen as more of an insurance policy should you need to use them in the future.

If you were considering making a Will, then it's good idea to think about making LPAs at the same time. Give our Wills & LPA Solicitors in Rochdale a call and we'll be happy to help.

Contact us today to talk about your situation

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