Lasting power of attorney, planning and support when someone dies
Lasting power of attorney
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
There are 2 types of LPA. They are:
- health and welfare
- property and financial affairs
You can choose to make one type or both.
The Government website has more information about power of attorney.
Deputies: make decisions for someone who lacks capacity
You can apply to become someone’s deputy if they ‘lack mental capacity’. This means they cannot make a decision for themselves at the time it needs to be made. They may still be able to make decisions for themselves at certain times.
The Government website explains that there are two types of deputy.
- Property and financial affairs deputy – you’ll do things like pay the person’s bills or organise their pension.
- Personal welfare deputy – you’ll make decisions about medical treatment and how someone is looked after.
Become an appointee for someone claiming benefits
Making a will
It is important to make a will because: if you die without a will, there are certain rules which dictate how the money, property or possessions should be allocated. This may not be the way that you would have wished your money and possessions to be distributed.
If you make a will you can also make sure you do not pay more Inheritance Tax than you need to.
The Government website explains the process of making a will.
Planning for your future care
The planning for your future care, advance care planning booklet was created to help individuals prepare for the future.
The booklet has five sections that are able to complete over a period of time and when individuals feel comfortable to do so;
- Statement of your wishes and care preferences
- Advance decision making
- Putting your affairs in order
- Making a will
- Funeral planning
This plan was adapted from the Weston Hospicecare Advance Care Plan and National Preferred Priorities for Care Guidelines.
There are several things you can do to plan for the future.
You can:
- tell people what your views and wishes are if you lose capacity in the future. Writing down and letting people know your wishes in advance can be helpful for your family, carers and for the people you have chosen to make decisions for you.
- make an Advance Decision to Refuse Treatment, informing medical staff of treatments that you don’t want to receive and the circumstances when you would refuse them. It is advisable to contact your GP and other medical staff who care for you to get advice on this.
- choose someone now to make decisions on your behalf about things such as property and financial affairs or health in the future when you may lack the mental capacity to decide yourself. This is a Lasting Power of Attorney.
The government has more useful information about the Mental Capacity Act and who can make decisions for you if you cannot.
Age UK have produced information about Lasting Power of Attorney.
If you are concerned about your ability to manage your affairs in the future you can:
- speak to your care manager or service provider
- speak to a solicitor or legal practitioner
- speak to an independent organisation – such as Age UK, Citizen’s Advice Bureau or Living Options Devon.
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When someone dies
When someone dies, it can be overwhelming. There is a lot that needs to be done at a time when you may feel ill-equipped to deal with it. Support is available and careful planning can help. Independent Age has some really useful information to support you.
