Lasting Powers of Attorney

In each edition of our newsletter, we’ll aim to explain a particular aspect of the law in order to enable you to judge the implications for your own particular circumstances.

This edition focuses on Lasting Power of Attorney, which supersedes the former Enduring Powers of Attorney, a legal mechanism allowing people to plan for a time when they may be unable to look after their own personal and financial affairs. Under the Mental Capacity Act 2005, an individual may lack the capacity to make decisions, if, for example, they have an accident or illness. A Lasting Power of Attorney (LPA) allows them to appoint someone to help them make decisions or make decisions on their behalf.

It is estimated that there are currently 11.6 million people over 65 in the UK, or 17.8% of the population. With average life expectancy for men currently at 79.5 years, and women at 83.2, more and more of us can expect to live to a ripe old age, bringing with it the increased risk of mental and physical infirmity.

Registering an LPA means that individuals can make provision for the day when they may be unable to make their own informed decisions, sparing themselves and their loved ones the anguish or making such choices at a time when their circumstances are in disarray. There are, in fact, two types of LPA – health and welfare or property and financial affairs – and you can chose to make one type or both, by appointing one or more people to act as your “attorney” to help in making decisions on your behalf.

Here at Bretherton Law, our expert Wills and Probate team is ready to discuss your needs and explain the process involved in executing a LPA. Please contact us on 01727 869293.