Looking After Elderly Parents
Posted on 6th May 2025 at 10:42
Lasting Power of Attorney
In comparison to the word ‘will’, ‘Lasting Powers of Attorney’ are a bit of a mouthful and sound a touch more complicated; this may be the reason why lots of people either has very limited understanding of what it is or have the misconception that it acts like a will and takes affect on death. For those who have parents who are moving towards elderly life with full mental and physical capacity, a conversation needs to be approached about what Lasting Powers of Attorney are and how are essential in ensuring they are looked after in elderly life. In its simplest form, an LPA is legal document that is registered with the Office of Public Guardian to state that a person (donor) has nominated an attorney to make decisions/act on their behalf or help them make decisions, which becomes vital if a person loses the capacity to think or act for themselves.
LPA Health and Welfare
With an increasing life expectancy in the UK, it becomes more likely that people will experience age-related medical conditions and require help with medical decisions, treatment and medication, social or residential care matters and everyday life decisions like feeding and clothing. The Health and Welfare power enables a person’s attorney to help with these decisions, even going as far as life sustaining treatment. In the past, this LPA may have viewed as less important, however it is quite the opposite: for a person lacking in mental faculties, it is surely of upmost importance to ensure their comfort and level of treatment during these difficult times?
Understand the role of an attorney and its responsibilities.
LPA Property and Financial
A Property and Financial LPA appoints attorneys to deal with matters such as property sale or rental, managing bank accounts, investments and pensions as well as making payments for care, rent, utilities right through to continuing with birthday and Christmas gifts for family. Without an LPA the banks and financial institutions will freeze the accounts until a Deputyship order is in place, leaving many families stuck and desperate in this distressing time. As with the Health of Welfare LPA, we recommend that at least two attorneys (18yrs+) are chosen in the event that one is unable to perform their duties. Donors may also appoint reserve attorneys to step in if their original attorney(s) cannot act. Factors of availability and location should also be taken into account when choosing appropriate attorney. Finally, for the Property and Financial LPA, attorneys must not be bankrupt or a discharged bankrupt.
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