The practicalities surrounding Lasting Powers of Attorney (LPAs)

by Rebecca Edmonds

You have prepared LPAs that appoint attorneys who will make decisions on your behalf if you become incapacitated.

But have you given your attorneys all the necessary information to put them in the best possible position to act on your behalf, if the time comes? Often the practicalities of passing on the essential details can be overlooked.

The Mental Capacity Act 2005 and Code of Practice requires your attorneys to, where possible consult with you to find out your views before taking a decision or action on your behalf. Your attorneys must consider what is in your best interests and must take into account your past and present wishes, feelings and beliefs regarding your personal affairs.

The checklist we have created below should assist you in determining what information to pass on to your attorneys, and also the important (and sometimes difficult) discussions to initiate with them.

LPA for Property and Financial Affairs  

• The location of your personal and financial documents, and who has access to your property
• Details of regular gifts and charitable donations
• Details of your financial advisor
• Your attitude to risk when considering your money and investments

LPA for Health and Welfare

• Your day to day routine, to include what you like to eat for breakfast, what clothes you like to wear and how you like to present yourself
• Food intolerances or preferences
• Social life – Details of the family and friends you would like to visit and stay in touch with, and also the details of anyone you would not wish to have visit you
• Your hobbies and interests
• Your religion and religious activities you wish to observe, such as going to a particular church or fasting
• General details concerning your health and medication, any treatment being received and details of your GP
• Details of where you would wish to be cared for, such as at home or if you have a preference for a particular residential home or location of the residential home
• Your views regarding life sustaining treatment, such as blood transfusions, resuscitation, dialysis or cancer treatment such as radiotherapy or chemotherapy

If you wish to discuss preparing LPAs, or you are concerned that your current LPAs no longer reflect your current wishes and beliefs, please get in touch with our Wills, Trusts and Estates Team on 01604 609560 or by email here