In a weekly column, solicitor Juliet Phillips-James casts

Her expert eye over a range of legal matters and urges anyone with any questions or problems to come forward for help.

Q AI have been advised to make a lasting power of attorney. What is a lasting power of attorney? lasting power of attorney (LPA) is a legal document where an individual (the donor) gives another individual (the attorney) authority to make decisions on the donor’s behalf when the donor gives them consent or if the donor loses mental and/or physical capacity late in life. There can be up to four attorneys appointed.

There are two types of LPAs; the first, covers health and welfare and allows the attorney to make/take healthcare decisions on behalf of the donor. Examples of when a health and Welfare wPA could be helpful include, making decisions in relation medical care, moving the donor to a care home, and receiving life sustaining treatment. This LPA also allows the attorney to make more general day to day decisions in respect of washing, dressing and eating. The second LPA covers property and financial affairs. This will allow the attorney to make decisions in relation to the donor’s finances, including paying utility bills, dealing with taxation, banking, property, investments and pensions. If you are in receipt of benefits, the attorney will be able to deal with this on the donor’s behalf. This will allow the attorney to look after the donor’s day to day needs and any outgoings for their home.

Whilst LPAs are often associated with the elderly, there is a significant benefit in having an LPA in place regardless of your age. This is particularly important if you are a sole trader, business owner etc, because it allows the attorney to step in and make decision if you become unexpectedly unwell, if you are admitted to hospital or even if you are abroad and something urgent arises.

Individuals are often concerned that having an LPA in place could lead to that authority being exploited. It is extremely important that individuals carefully consider who they would like to nominate to act as their attorney. However, unless the donor has lost capacity, decisions/actions cannot be made by the attorney without express consent from the donor.

For further information, please do not hesitate to contact Gomer Williams on 01554 755101 or via contact us@gomerwilliams.co.uk.