Lasting Powers of Attorney

This page covers:
• What is meant by Lasting Power of Attorney
• Setting up Lasting Powers of Attorney and getting the timing right
• Benefits of a Lasting Power of Attorney when someone needs care

A Lasting Power of Attorney is a legal agreement to authorise another person to make decisions on your behalf. A common belief is that a Lasting Power of Attorney is just for people with dementia, but it is helpful for anyone who is not able to manage their affairs, whatever the reason. For example, when we spoke to Jane she told us her mother had arranged a Lasting Power of Attorney when her eye sight started to deteriorate.

Sometimes people refer to a Lasting Power of Attorney as an ‘LPA’.

There are two types of LPA, one that deals with finances and one that deals with health and welfare decisions. Someone can have one or the other in place, or both.

Keith completed some cognitive tests about thinking, reasoning and memory. Sometimes he was given feedback on how he did, but other times he wasn’t told.

Age at interview 68

Gender Male

View profile

The person appointed to make decisions on behalf of someone else is called an attorney. The attorney must make decisions in the best interests of the person they represent. It is crucial that the person appointed as attorney is fully trusted.

Alan Z says medical advances are achieved through identifying patterns in research and so he wants to contribute and carry on with the mission.

Age at interview 86

Gender Male

View profile

More than one person can be appointed. If there are two or more attorneys the LPA can be set up so that each can make decisions individually or that they must all agree. It is possible to change the people appointed as attorney if needed.

Emily was issued with a blood pressure monitor connected to a mobile phone. She took her blood pressure three times a day and the results were sent back to the hospital.

Age at interview 68

Gender Female

View profile

Most people told us that they asked their solicitor to draw up the LPA for them. But some said that they had got the forms from the internet and completed them for themselves. The form has to be certified by a trusted person such as a solicitor, doctor or someone who has known the people involved for some time.

Margaret recalls having tests at school and then, over the course of the study, filling in questionnaires and a nurse researcher visiting her at home to do physical tests.

Age at interview 73

Gender Female

View profile

When the LPA has been signed and certified, it has to be sent to the Office of the Public Guardian (OPG) to be registered before it can be used. This takes at least two months. Even after it is registered, the person can continue to manage their own affairs as long as they want and are able to.

The activities Teresa has been asked to do varied over the timespan of the birth cohort. She remembers the questionnaires were sometimes long and detailed.

Gender Female

View profile

When the person decides it’s time for their attorney to begin to manage their affairs, the banks and other official bodies need to see a copy of the LPA. Hannah said this made it tricky to deal with online accounts so it was better to just go to the high street banks, in person, but this can also be a hassle as Jacky explains.

Emily finds it very convenient that the researchers come to her local GP surgery to do the follow-ups.

Age at interview 68

Gender Female

View profile

Most people we spoke to about paying for care had set up an LPA for finance. For the person appointed as attorney, they said that it made their dealings much easier once everything was in place. They could manage direct debits and even help with selling the house.

Nadera suggests giving people more explanation when they get their individual test results.

Age at interview 39

Gender Female

View profile

Not many of the people we spoke to had arranged an LPA for health and welfare. Some didn’t think it was necessary and for others it was left too late and the person needing care no longer had capacity to appoint an attorney.

Eisha says taking part in research is a time commitment and it can become overwhelming if you are juggling lots of activities in your life.

Age at interview 32

Gender Female

View profile

If it is too late to set up an LPA because the person no longer has capacity, the family, or whoever is managing the person’s care, will need to be able to access their money to pay for care. This is done through the Court of Protection. People told us that going through the Court of Protection was a difficult and costly process and it is vital to keep records and receipts of all expenditure.