Lasting Power of Attorney (LPA) is an important legal protection that allows individuals to nominate someone to make decisions on their behalf should they become unable to do so themselves (in other words, if they lose mental capacity). There are two main types of LPAs, each giving specific protections:

Health and Welfare LPA:

This type of LPA grants your attorney the authority to make decisions about your health and welfare when you are no longer able to do so. This includes important choices about things like medical treatments and care arrangements (plus other things too). It’s important to state that the Health and Welfare LPA only comes into effect once you have lost mental capacity, ensuring that your wishes are respected even when you are unable to express them yourself.

Property and Financial Affairs LPA:

The Property and Financial Affairs LPA allows your appointed attorney to manage your finances and property matters on your behalf. This involves things like handling your finances, paying bills, managing investments, and dealing with property-related purchases / sales. Unlike the Health and Welfare LPA, this type of LPA can be used both before and after you lose mental capacity, provided you have granted your attorney permission to act on your behalf.

“Does the attorneys have to be the same people for both types?”

No, You don’t have to have the same people for both. If you have a loved one who is a perfect fit to be your Health and Welfare attorney, and someone else who’s more suited to Property and Finance, that’s perfectly ok. If ever a decision needs the two attorneys working together, they can.

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Article written by Chris McCrudden, Solicitor, specialising in Lasting Power of Attorney (LPA) Law at our Preston, Lancashire office.

If you’re ready to get started with your LPAs or need some free initial advice, reach out to us at 01772 37 44 75 or use the calendar below to book an appointment with Chris McCrudden, our expert Lasting Power of Attorney Solicitor.