What does it mean and why do you need them?

Sometimes, it might be necessary for somebody to make legal decisions on your behalf as a result of a loss in mental capacity.

We are often mistaken in thinking that mental capacity is only lost through illness such as Alzheimer’s or dementia.  However, it can also occur as a result of an accident or injury, especially for younger people.

If you lose mental capacity and have not nominated attorneys to act on your behalf, then your relatives will have to apply to the Court of Protection to nominate a Deputy to act for you.  This can be stressful, time consuming and expensive.

A Lasting Power of Attorney (LPA) is a legal document which enables a person aged over 18 and with all their mental faculties, to choose another person or people to make decisions on their behalf should their mental capacity be taken away later in life. The person making the choice of person is called the 'donor' and the person taking on the task of managing the donor's affairs is called the 'attorney'. An attorney must act in the best interests of the donor and make decisions as if they were the donor themselves.