The Lasting Powers of Attorney and Capacity Act 2018 became operative and part of our law as of the 23rd April 2018. This means individuals can put a Lasting Power of Attorney (or ‘LPA') in place, which is a legal instrument that sets out a person's wishes and preferences, to ensure that if they were ever to lose the mental capacity to be able to make decisions for themselves in future, a trusted person can do this for them.
It is common for a person's mental capacity to deteriorate with age. In the same way as we plan ahead with a Will (for once we have passed away), an LPA allows a person to plan for a time whilst still alive, but lack the capacity to make decisions – e.g., if that person were to develop dementia.
It may not be something you have previously considered, or may think they are only useful to older generations. However, they are useful for anyone over 18, but especially so if you:
• have a job or lifestyle that involves risk;
• have a young family;
• work in a job that places you in potentially harmful or
high-stress situations;
• take part in contact sports (risk of injuries that result in
cognitive and capacity loss);
• have a family medical history or condition leading to memory
loss or similar; or
• own a business or want someone to be able to ‘step
in' and keep the business going if you were to have an
accident that meant you cannot make those decisions yourself.
LPAs can relate to financial aspects or health and welfare. It is an important planning tool and can be helpful to assist from small day-to-day matters, to more serious decisions to be taken.
Importantly, an LPA must be made whilst the person making it still has adequate mental capacity and can make decisions for themselves. Once capacity has been lost, an application would need to be made to the Court of Protection, which can be a costly and lengthy process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.