A Lasting Power of Attorney, often called an LPA, allows you to choose one or more people to make decisions for you if you are no longer able to make decisions yourself.

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The person making the LPA is called the donor. The person or people appointed to make decisions are called attorneys. Your attorney should be someone you trust to act in your best interests and respect your wishes.

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There are two types of LPA.

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Health and Welfare LPA

 

A Health and Welfare LPA allows your attorney to make decisions about your care and treatment if you are unable to make those decisions yourself.

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This may include decisions about:

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• your daily routine

• where you are cared for

• medical treatment

• care arrangements

• life-sustaining treatment, if this power is specifically included

 

A Health and Welfare LPA can only be used when you no longer have the mental capacity to make the relevant decision yourself.

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It can be helpful to tell your GP, hospital team or care provider if you have a Health and Welfare LPA in place, so they know who to contact if decisions need to be made.

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Property and Financial Affairs LPA

 

A Property and Financial Affairs LPA allows your attorney to make decisions about money, property and financial administration.

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This may include:

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• paying bills

• managing bank accounts

• collecting benefits or pensions

• dealing with savings or investments

• selling or managing property

 

This type of LPA can be used while you still have mental capacity, if you choose to allow this, or only if you lose capacity.

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LPAs are registered through the Office of the Public Guardian.

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Making a will

 

A will is a legal document that sets out what should happen to your money, property and possessions after your death.

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Making a will can be straightforward with the right advice, but it can also feel emotionally difficult because it involves making decisions about what will happen after you die.

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When making a will, you may need to think about:

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• who you would like to act as your executor

• who should inherit your estate

• whether you want to leave specific items or gifts to particular people

• who should act as guardian for any children under 18

• whether you want to leave money to a charity

• any funeral wishes you would like to record

 

An executor is the person, or people, responsible for dealing with your estate after your death. This can include collecting assets, paying debts and distributing what is left according to the will.

Although it is possible to make a will without a solicitor, it is usually wise to seek legal advice, especially if your circumstances are not straightforward.

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What if there's no will?

 

If someone dies without a valid will, this is called dying intestate.

When this happens, the estate is divided according to the rules of intestacy. These rules decide who can inherit, based on family relationships. This may not reflect what the person would have wanted.

If there is no will, there is also a formal order for deciding who can deal with the estate. Legal advice may be helpful, particularly if there are complicated family circumstances, property, debts or disputes.

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Benefits and Practical Matters

 

If someone is seriously ill or approaching the end of life, there may be practical money matters to deal with. These can include household bills, benefits, pensions, insurance, debts, care costs and access to bank accounts.

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It may be useful to gather important information in one place, such as:

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• bank and building society details

• pension information

• insurance policies

• mortgage or rent details

• utility bills

• benefits or tax credits

• debts, loans or credit cards

• details of any solicitor, accountant or financial adviser

• passwords or instructions for accessing important accounts, where appropriate

 

You may also want to check whether any benefits or financial support are available. Some people who are living with a terminal illness may be able to access benefits more quickly under special rules. A GP, consultant, specialist nurse, hospice team or benefits adviser may be able to help with this.