Among the many things carers must think about, the legal and financial security of the person they care for is paramount. A Lasting Power of Attorney empowers carers to make decisions on behalf of someone who may lose the capacity to do so themselves. Here is why it matters, how it works, and the peace of mind it provides.
A quick recap
An LPA lets the donor appoint trusted attorneys to act if they lose mental capacity, perhaps through dementia, a stroke or an accident. Governed by the Mental Capacity Act 2005, it comes in two forms: a Health and Welfare LPA (medical treatment, care and daily living) and a Property and Financial Affairs LPA (bank accounts, bills, and selling property if needed).
Why it is vital for carers
Continuity in care decisions
Carers often have to make critical decisions, choosing a care home, consenting to treatment. Without an LPA these can be delayed or impossible once capacity is lost. An LPA gives the authority to act quickly and reduce stress at difficult times.
Protecting financial security
Paying for care, managing bills, overseeing savings, all part of a carer's role. Without a Property and Financial Affairs LPA, accessing funds or selling assets can mean lengthy legal processes.
Preventing family disputes
Without an LPA, family members may disagree about what is in the person's best interests, causing strain, delay or costly legal battles. An LPA clearly designates who has authority.
Avoiding the Court of Protection
With no LPA, carers may have to apply for a Deputyship through the Court of Protection, time-consuming, expensive and stressful. An LPA already in place lets carers act immediately.
How to set one up
- Choose the right attorneys — trusted people committed to the donor's best interests, acting jointly or independently
- Complete the forms carefully, as errors delay registration
- Certify the LPA — an independent certificate provider confirms the donor understands and is not being coerced
- Register with the OPG — a fee applies (with help available for low incomes); registration can take up to 10 weeks, so act early
The benefits of acting early
An LPA cannot be created retrospectively, so it must be in place before capacity is lost. Acting early gives peace of mind, lets the donor specify their wishes, and reduces stress during challenging times.
Common misconceptions
- "It's only for the elderly" — accidents and sudden illness can affect anyone, at any age
- "It's too expensive" — costs are minimal compared with applying for Deputyship later
- "I'll never need it" — capacity is unpredictable; an LPA is a precaution that protects everyone
An LPA is more than a legal document; it is a lifeline for carers and those they care for. Do not wait for a crisis, we help carers across North Somerset, Bristol and Bath put both LPAs in place, at home and in plain English.