The COVID-19 pandemic has raised important questions for many of us. For example, how can we manage our finances if we can no longer leave the house? Would our medical wishes be followed if we became unwell? This article explains how an LPA can answer these issues.
An LPA (Lasting Power of Attorney) is a legal document that lets you appoint one or more people (known as 'attorneys') to help you make decisions, or to make decisions on your behalf. There are two types of LPA: 'health and welfare' and 'property and financial affairs'. You can choose to make either or both.
We have compiled questions from clients who want to know when and how they can use an LPA to help relatives and friends who are self-isolating.
Here are some key things to consider:
Property and financial affairs
Q: "My elderly mother has a registered LPA for property and financial affairs and is in self-isolation. Can I use it to run errands for her, until she can manage them for herself again?"
A: First, you will need to make sure that you are an attorney for this LPA and secondly that it can be used as soon as it has been registered (rather than only if or when your mother has lost mental capacity). If it's the former, you will be able to manage all of your mother's financial affairs and do anything she could do yourself. For instance, you can manage her bank or building society account, pay bills and collect her benefits or a pension until she is well enough to do it herself.
Q: "My son is financially dependant on me, but is currently living away at university. I am worried I won't be able to pay his tuition fees, rent or living allowance on time as I'm self-isolating and do not have internet banking. What should I do?"
A: We recommend you create a property and financial affairs LPA and appoint a trusted person as the attorney. You can appoint multiple attorneys if you wish. As your son is financially dependant on you, your attorney(s) will be able to continue making payments to him and his university as you were doing before. It will take about ten weeks for your LPA to be registered with the Office of Public Guardian.
Health and welfare
Q: "My 80 year old mother is in a care home and suffers from dementia. Before she lost mental capacity, she registered a health and welfare LPA, with my siblings and I as the attorneys. The care home has asked us to decide about her health care and medical treatment and whether she would want to receive life-sustaining treatment should she fall unwell. Are we able to decide for her?"
A: Yes, as attorneys to a health and welfare LPA, you can make decisions about your mother's healthcare and medical treatment, decisions about where she lives and day-to-day decisions about her personal welfare such as diet, dress or daily routine. You can also choose whether she is given or refuses life-sustaining treatment, on her behalf.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
