In this blog Nichola, LPA Associate and Project Manager, shares personal experience and tips when creating a Lasting Power of Attorney. Thank you Nichola for describing your reflections which I know will resonate with many.

Clare: What was your experience of Lasting Power of Attorney before you began your role?

Nichola: My main experience of LPA is of being an attorney for my parents. These were set up about eight years ago, and I am ashamed to say I didn’t really understand what my role was then or when and where I needed to use this “power”. On reflection, the seeming weightiness of the responsibility may have led to a ‘head in the sand’ attitude on my part. Like many other people I have since spoken to, I believed that being an attorney meant that I would have to make decisions based on what I thought was correct for my parents’ health and finances. However, I now understand that the role of an attorney is to ensure the wishes of the donors (my parents) are heard when decisions need to be made. It’s not about taking over someone’s life.

Clare: What has surprised you most since you have become an LPA associate?

Nichola: I was shocked to learn that having a joint bank account does not mean either party can make joint financial decisions for the other if they lose mental capacity without a Property and finance LPA. I’m sure a lot of people don’t realise that.

I was curious about what happens when a person loses capacity before making a lasting power of attorney. In this instance an application can be made to the Court of Protection to appoint a deputy to oversee property and finances. This could be a relative, but is often a professional such as a solicitor. It is a long and expensive process, so well worth making LPAs ahead of time.

Clare: Can you let me know three things that you think everyone should know about LPAs?

Nichola: A lasting power of attorney is more than a piece of paper. Just as important are the conversations you have with your attorneys about what’s important to you, what you value most and what you don’t want. This will help them ask the right questions if they ever have to speak to finance or health care professionals on your behalf in the future. Making it easier to support you to make decisions.

After you have completed all the paperwork and sent it off it can take up to twenty weeks for the Office of the Public Guardian to process your LPAs. So it is best to set up your LPAs well before you need them.

It’s possible to complete an LPA online, but it is best to seek advice about what will be best for you. It is a document that should last you a long time, so it’s worth getting right.

Clare: What do you find are the most common mistakes when creating an LPA?

Nichola: Not following the order of signing. It’s important that the donor signs pages 6 (Health and welfare only) and 10 and the certificate provider signs page 11 before the attorneys and replacement attorneys sign their pages. When these are completed the last page can be signed by the donor or nominated attorney.

Not using black ink to complete the forms.

Clare: What key message would you like to leave with listeners?

Nichola: Although there are lots more interesting things to do than make your LPAs, having them in place will ultimately make life easier for you and your family or friends, if you lose mental capacity.

To find out more about the Advance Care Planning service I offer contact me. You can also access the blog Advance Care Planning service for further information.

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