An overview of Lasting Powers of Attorney

Property and Financial Affairs LPA, or, Health and Welfare LPA, or both?

The reasons for having a Property and Financial Affairs LPA are widely understood and accepted, but many people question why they need a Health and Welfare LPA. In the event of losing mental capacity for making welfare decisions without having created a welfare LPA, it is possible that Local Authority would lead the decisions on where you live and how you are cared for. So, by having both types of LPA, you can be sure that all of your needs are considered by the person(s) that know and understand you best.

The Property and Financial Affairs LPA can be used while you have mental capacity to make your own decisions but only under your instruction. Registering an LPA for property and financial affairs does not take any decision making power away from you. While you can make your own financial & property decisions, you continue to do so.

The Health & Welfare LPA can only be used if you lose mental capacity to make your own welfare decisions.

Types of Lasting Power of Attorney

There are two types of LPAs:

Property and Financial Affairs

This allows your attorney(s) power to deal with your property and finances.

This can include:

  • Claiming, receiving and dealing with all benefits, pensions, allowances etc.

  • Receiving income, inheritance or other money on your behalf

  • Opening, closing or operating a bank or other account

  • Giving access to financial information

  • Dealing with your tax affairs

  • Paying your mortgage, rent and household expenses

  • Insuring, maintaining, repairing your property

  • Buying or selling property

  • Making limited gifts on your behalf

  • Paying for private medical care or care home fees

  • Applying for entitlement to funding for NHS and social care

  • Buying a vehicle or other equipment to meet your needs
    Why make a Property and Financial Affairs LPA?

Health & Welfare

This allows your attorney(s) to make welfare and healthcare decisions on your behalf, but only when you lack the capacity to make those decisions yourself.

This can include:

  • Where you live and who you live with

  • Your day to day care or support

  • Consenting to or refusing medical examinations and treatment

  • Arrangements needed for you to be given medical, dental or optical treatment

  • Assessments for the provision of community care services

  • Whether you should take part in social and leisure activities, education or training

  • Personal letters and papers

  • The right to access personal information about you

  • The right to make complaints about your care or treatment