Financial Decisions LPA to protect your money and property
This LPA covers those things related to your health and care, from your diet and the medical treatment you receive, to where you live and your daily routine. It differs from the Financial LPA in that Attorneys can only act on your behalf, regarding your health and care, after you have lost capacity. This LPA also specifically gives you the choice to decide in advance if your Attorney can give or refuse consent to life-sustaining treatment, in accordance with your wishes, or whether that decision should rest solely with your doctors.
The Dangers Of Not Having An LPA In Place
If you don’t have an LPA in place and then lose capacity, the situation can arise where no one has the legal authority to make decisions for you. If you’re married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with your bank account and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA, they won’t have the authority. The only alternative then is for someone to apply to the Court of Protection to be appointed as a Deputy, which can take months and cost a great deal more than an LPA. Deputies must also pay an annual fee to the Court of Protection and submit an annual report of their actions.