This is the seventh in a series of monthly legal columns by Grantham-based multi-service law firm JMP Solicitors. Established in 2000, JMP provides services for a diverse range of local and national clients from individuals, to companies and organisations.

Here Yvonne Carratt, head of the wills and probate department at JMP Solicitors, considers why it is vital to ensure you have a lasting Power of attorney.

A lasting power of attorney (LPA) is a legal document that allows someone to make decisions for you (the donor), or act on your behalf if you are no longer able or capable to do so due to reasons such as illness, mental health condition, dementia, confusion, drowsiness or unconsciousness. 

The person appointed to be your LPA becomes known as your 'attorney' and can legally make decisions on your behalf.

There are two types of LPA: 

- Health and Welfare – this can only be used when the donor loses capacity. It is the attorney(s) role to make decisions on general living conditions, medical treatment and if authorised end of life decisions for the donor.

It is a misconception to assume that if you are married, or in a civil partnership, that your spouse will 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, a spouse will not have the authority to do any of these things, which could be devastating at an already difficult time, especially if the joint owner has their only form of income, such as their pension, paid into a sole account.

Accidents, strokes, brain injuries and Parkinson's disease can also affect someone's ability to make their own decisions, which can make managing financial affairs virtually impossible.

Charities who care for the elderly recommend everyone plans ahead by having at least one LPA which could save a great deal of money and ease the burden on relatives.  

If you lose mental capacity without an LPA in place, it will be necessary for your family to apply to the Court of Protection to have a deputy appointed to deal with everyday financial matters.

This is a slow and expensive process that could cost thousands of pounds, and if you have to use a solicitor, it could cost a considerable amount more. However, if you have an LPA in place, this will not be necessary.

You can choose more than one attorney, but you must decide if they are to make decisions jointly or separately. The role of an attorney involves a great deal of power and responsibility, so it is vital that you trust the person or people that you choose.  

If you would like to enquire about making an LPA, JMP Solicitors is able to guide you through the process. 

Yvonne Carratt, head of the wills and probate department is an Associate member of the Society of Trusts and Estate Practitioners and also holds the Step Advanced Certificate in Advising Vulnerable Clients.

Please call 0800 0241 976 or email [email protected] for further information.