A lasting power of attorney (LPA) is a legal document that lets you pick someone you trust to make decisions for you. This person, known as your attorney, can act on your behalf if there comes a time when you can't make decisions for yourself. This could be due to an illness, an accident or mental decline as you get older.

There are two main types of LPA: one for financial decisions and one for health and care decisions. The financial one covers things like managing your bank accounts, paying your bills, and even selling your house. The health and welfare one deals with medical treatment choices, daily routine, and where you should live if you can't decide for yourself.

Setting up an LPA gives you a safety net. It's all about planning ahead. You hope you'll never need it, but it's good to know it's there. If something does happen and you haven't set up an LPA, your loved ones might have to go through a lengthy and costly legal process just to help you out.

To create an LPA, you'll need to fill in some forms and get them registered. It's wise to get legal advice to make sure it's done properly. At Switalskis, we can help you through this process, making sure you understand each step.

Once set up, the LPA is only activated if and when you can't make decisions yourself. Until then, you carry on as normal. Having an LPA doesn't mean giving up control; it means you're prepared, come what may.

The role of an attorney is a very important one, and while anyone can act as your attorney, that doesn’t mean they are the best person for the job. Legally they just need to be:

• Over 18
• Not bankrupt
• Not subject to a debt relief order

However, when choosing this person you need to remember that they will make all your decisions on your behalf. This will include looking after your money, your property and more. It is important that you know they are capable and willing to carry out your wishes as requested.

If you don’t know who to choose or would prefer it was dealt with by a neutral third party, we can act as an attorney on your behalf.

An LPA for health and welfare gives someone you trust the ability to make choices about your medical treatment and everyday life. Importantly, this type of LPA will only take effect once it's officially registered and you're unable to make decisions for yourself due to illness or incapacity.

What can your attorney do for you?

Your attorney will have quite a range of responsibilities. One major role is deciding where you'll live and who you'll live with. Whether it's staying in your own home with assistance or moving to a care facility, your attorney will make that choice based on your best interests.

Your attorney can also manage who you should or shouldn't be in contact with. This is to make sure that you're surrounded by people who are good for your wellbeing. They can also set up any community care services you may need, like home health aides or regular medical check-ups.

Handling complaints and paperwork

If there are any issues with your care or treatment, your attorney will be responsible for raising these complaints and making sure they're sorted out. They'll also manage any personal paperwork you have, like letters or documents that need your attention. This includes controlling who can see your personal information, which is essential for keeping your privacy intact.

Social activities and daily care

Your attorney will make choices about your daily life. This could be as simple as what you eat and what you wear, but it can also extend to social activities, education and training. They aim to maintain a quality of life that's as fulfilling as possible under the circumstances.

Medical decisions

Perhaps the most sensitive area is medical care. Your attorney can consent to or refuse medical exams and treatments on your behalf. However, there are safeguards to make sure they can only make life-altering medical decisions, like life-saving or life-prolonging treatments, if they're specifically authorised to do so in your LPA.

Business lasting power of attorney

If you run your own business, it is often worthwhile to have a separate lasting power of attorney. That would mean that your personal property and financial affairds would be separate from those of your business and its assets. The benefit of this is you can make sure someone with an understanding of your business has control over it and someone who knows you personally looks after your personal affairs.

If the person you've picked as your attorney can no longer act for you, what happens next depends on how you set up your LPA.

• Replacement attorney: If you named a backup or replacement attorney when you set up your LPA, then they would step in. They would take over all the duties just like the first attorney would have.
• Multiple attorneys: If you had more than one attorney acting either jointly or severally, which means they can act alone or together, then the remaining attorney(s) can usually continue to act for you.
• Attorneys acting jointly: If you had multiple attorneys but they were acting jointly, which means they have to agree on everything, and one can't act anymore, then the LPA generally can't be used. You'll need to make a new one.
• No backup: If you haven't set up any replacement or didn't have multiple attorneys, and your only attorney can't act for you anymore, then the LPA comes to an end. You'd have to start from scratch, provided you still have the mental capacity to do so. If you don't, then it's likely that the Court of Protection might need to get involved to sort out who should take care of your affairs.

In all these cases, it's a good idea to get in touch with a legal expert to understand your options and the best way to move forward. We know this process can be confusing, but we're here to make it easier for you.