What is a lasting power of attorney?
A lasting power of attorney is a legal document that nominates someone else to make decisions and act for you if you are unable.
A Lasting power of attorney comes in two forms and allows a named person, or more than one named people, to make decisions about either your:
- health and welfare (such as what medical treatment you should receive)
- property and financial affairs.
Many people decide to create powers of attorney to cover both things. You can name the same person to make decisions about both or choose to assign different responsibilities to different people. The rules governing power of attorney in Scotland and Northern Ireland are not the same as those for England and Wales.
Who should create a power of attorney?
Anyone aged over 18 who has the mental capacity to make their own decisions can make a lasting power of attorney – and there is a good reason for everyone to do so.
No one ever knows they are about to suffer an accident, injury or illness that will affect their mental capacity (ability to make their own decisions).
People can suffer temporary or permanent issues with their mental capacity, including a head injury, brain damage, coma, concussion, stroke, mental health issue or Alzheimer’s.
If a power of attorney is in place, it means you have already nominated someone to make any necessary decisions on your behalf. It will reduce delays on decisions and lower the costs of sorting things out in court. Overall, it makes the process easier for loved ones.
