Lasting Power of Attorney and end-of-life planning in the winter season

December 20, 2023

The winter season can present a variety of challenges. As has been well-documented, the NHS are annually put under increasing pressure as the nights grow longer and the temperature plummets.

Though many people often avoid the subject, it is fundamental that you have the correct provisions in place for the future, particularly as winter takes hold. Having a Lasting Power of Attorney in place, as well as any additional end-of-life plans, will ensure that your affairs will be well looked after by the people you trust in the event that you lose capacity.

With winter now firmly upon us, we discuss the importance of having a Lasting Power of Attorney in place, as well as the potential consequences of failing to do so in this article.

• What is a Lasting Power of Attorney?
• What are the different types of Lasting Power of Attorney?
• What other types of Power of Attorney are there?
• Why should you appoint an Attorney?
• What are the alternatives to a Lasting Power of Attorney?
• How do I set up a Lasting Power of Attorney?

While we would like this article to prove helpful, it should not be taken as legal advice. If you would like any support with setting up a Lasting Power of Attorney, our Private Client Team will be happy to support you.

To speak to one of our experts, please contact us today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that appoints someone (an Attorney) to make important decisions on your behalf.  One of the benefits of an LPA is that your Attorneys can still act for you in the event that you lose mental capacity to deal with matters yourself.

This could used on a short-term basis, such as in situations where you are due to attend hospital and need support with everyday financial tasks, or as a part of your long-term planning, including to cater for scenarios where you lose the mental capacity to make your own decisions.

What are the different types of Lasting Power of Attorney?

It is important to note that there are three different types of LPAs:

• Health and Welfare Lasting Powers of Attorney
• Property and Financial Affairs Lasting Powers of Attorney
• Business Lasting Powers of Attorney

Health and Welfare Lasting Powers of Attorney are used by an Attorney to make important decisions about your health and medical care. This can range from decisions on day-to-day issues, such as washing, dressing and eating, through to significant matters such as the use of life-extending treatment.

Property and Financial Affairs Lasting Powers of Attorney allow Attorneys to manage your general financial affairs. This could include paying bills, managing your investments and dealing with your pension. Where required, a Property and Financial Affairs LPA can be used to give your Attorney the power to sell your home.

Business Lasting Powers of Attorney provide Attorneys with the ability to manage your business interests, ensuring that your commercial interests remain protected.

What other types of Power of Attorney are there?

An Ordinary Power of Attorney (OPA) is a useful temporary solution which can be created for a specific purpose and a defined period. They can be useful if you need someone to handle your financial affairs while you are out of the county, for example. OPAs can be used for financial decisions only and do not remain valid if you lose mental capacity.

Enduring Powers of Attorney (EPAs) preceded LPAs. They serve broadly the same purpose as a Property and Financial Affairs LPA and will still be valid if they were created before October 2007.

Why should you appoint an Attorney?

There are countless benefits to appointing an Attorney, especially as the winter rolls around. Having an LPA in place will provide you with peace of mind as you will know that someone you trust is ready to make important decisions when required. This person can also be exactly who you want them to be, not necessarily your next of kin.

An LPA also sets you up for an uncertain future. We never know what might be around the corner, especially during the colder months, so it pays to have the right plans in place to cover every eventuality.

What are the alternatives to a Lasting Power of Attorney?

If you don’t have an LPA in place and you lose the capacity to make important decisions, your loved ones will likely need to make an application to the Court of Protection to act as a Deputy. Deputies can take on many of the same responsibilities as Attorneys, but the application process can be more complex, costly and time-consuming.

How do I set up a Lasting Power of Attorney?

To create an LPA, you will need to fill in various forms that form part of an application made to the Office of the Public Guardian. While it is possible to do this yourself, you should be aware that any mistakes could mean that the application will be rejected. If this happens, you will need to pay a fee to reapply at a later date.

Having expert legal advice on your side when you plan to set up an LPA will be extremely beneficial. Our experts understand how confusing the process can be, so we are here to provide all the support you need to put the right protections in place for your future wellbeing.

Get in touch with our Lasting Power of Attorney solicitors in Gloucester

Looking for legal advice and support with Lasting Powers of Attorney or any other lifetime planning matter in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?

Please contact us today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.