It can be very difficult when a parent is diagnosed with dementia. On top of the emotional strain you will feel, decisions will need to be made in relation to a number of practical concerns, including making decisions about their future health or finances and how they will be managed. In these cases, a lasting power of attorney (LPA) may be the solution, which will authorise someone to make these decisions on their behalf.
Anyone can enquire about arranging an LPA on behalf of a family member who has dementia. However, the person subject to the LPA will need to make the decision to apply for one.
To obtain an LPA, an application must be made to the Office of the Public Guardian (OPG). The type of LPA to apply for will depend on the areas that need to be managed. If you are to be given power of attorney for a parent, you should ensure you fully understand the responsibilities that an attorney will hold to be prepared to take on the role.
The expert LPA solicitors and legal professionals at Ramsdens explain the application process for lasting power of attorney and the responsibilities of an attorney to make it as easy as possible for you to manage this difficult time.
What is the application process for lasting power of attorney?
Before making an LPA application, it is worth understanding the different types of LPA and what they allow an individual to do.
The two types of LPA are:
- Health and welfare
- Property and financial affairs
Each type covers different aspects of an individual’s life. The health and welfare LPA allows decisions to be made about an individual’s medication, hospital appointments and meal times, as just a few examples; if regular care is required, supervision during daily activities, or prescribed medication, a health and welfare LPA may be best. Meanwhile, a property and financial affairs LPA allows decisions to be made about things like the individual’s bank accounts, estate and housing situation; this can help a family member who needs to move into a full-time care facility.
One or both LPAs can be applied for and multiple attorneys can be appointed, allowing for the division of decision-making responsibilities between multiple individuals. Multiple attorneys can also be granted the same LPA, in which case it may be specified that they must agree on any decisions before enacting them, or that any of these attorneys individually can make decisions on the affected person’s behalf.
For help deciding which LPA is most applicable in a given situation, and to conduct the application process, speak to our expert team today. We will help you and any other attorneys to understand which responsibilities each party will be responsible for and which type of LPA is most suitable for the situation. We will outline the form-signing process involved in the application process and any fees involved.
This review process can take a long time - up to 20 weeks - so it is important to make sure there are no mistakes on the forms and that signatures are acquired properly. The professional LPA experts at Ramsdens can help individuals to ensure applications are mistake-free. Applications with mistakes can cause significant delays in the process.
What are the responsibilities of an attorney with lasting power?
When you take on the responsibility of acting as an attorney for an individual, you agree to look after that person and ensure that you plan the aspects of their life detailed within the LPA agreement according to their best interests. If you do not, you could endanger that person’s health, cause financial difficulties or create other problems. This could also lead to legal action being taken against you by that person or one of their other attorneys.
An attorney with lasting power should never abuse the power they have over an individual - not only is this morally wrong, but there could be serious legal consequences. For example, if they are in control of their parent’s financial accounts, they should make sure they manage them for the benefit of their parent to pay for any care that they need or to pay their bills and ensure they have a comfortable standard of living.
Contact us
For help with any aspect of the LPA process, speak to our professional LPA team now. We will be happy to advise you on applying and detail the differences in responsibility between the two different types of LPA and help you to understand yours.
Call us today on 01484 821 500 or fill out an online enquiry form. Visit our Lasting Powers of Attorney page for more information on how we can help you.