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If someone has difficulties that mean they cannot make decisions anymore, they will need help managing their finances. A Lasting Power of Attorney is a legal document where someone (when they still have mental capacity) nominates a trusted friend or relative to look after their affairs if they lose capacity.There are two types of LPA: one for finance and property and another for health and welfare. A key difference is the health and welfare one can only be used after a person has lost capacity.LPAs replaced the previous Enduring Power of Attorney (EPA) system. EPAs set up before 1 October 2007 will still be valid, whether or not they have been registered, though they must be registered when the person loses capacity.
If you lose mental capacity, unless you've already filled in the Power of Attorney forms, your loved ones will need to apply through court to become 'deputy', a long and expensive process. You can only set up a Lasting Power of Attorney when you have mental capacity. Once you've lost capacity, it's too late.
Lasting Powers of Attorney
Cumbria
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