The new Lasting Power of Attorney (LPA) which was introduced on 1st October, not only replaces the old Enduring Power of Attorney (EPA), but has also replaced the concept of a ‘Living Will’.

Many people appreciate that as they get older, they may be less able to manage their own affairs, so an (EPA) was a very good way of ensuring that you could appoint someone you trust to manage your financial affairs when you are unable to do so. This still applies with LPAs, and you can appoint your attorneys to manage part or all of your financial affairs for you with immediate effect, or you can continue to manage them yourself while you are able and can then hand over responsibility later.

However and LPA had no bearing on your personal welfare, so people sometimes prepared ‘Living Wills’. These set out which treatments they felt they would or wouldn't like to receive should they lose mental capacity in the future. While heath professionals may have taken this into consideration, they were not always legally binding.

Under the new LPA, you can also appoint your attorney to manage your personal welfare. You can state that your attorneys have the power to make decisions regarding your whole future. It depends on the degree of authority you permit in the LPA, but it could include where and with whom you live, what clothes you wear, what you can eat and how you spend your day.

For many people, the most important aspect of the Personal Welfare LPA are decisions regarding healthcare, especially when it comes to life sustaining treatment. Whether you have a Living Will or not, healthcare professionals will generally take account of the views of those interested in your welfare, but the doctor’s decisions will be final, based on what they consider your best interests.

However, if you have appointed an attorney with full powers under a Personal Welfare LPA their decisions are, in law, the same as yours. This means that if you have particular views on your future treatment, and you instruct your attorney accordingly, the doctors will have to follow their decision.

The advantage of an LPA, is that future decisions can made in your best interests, even if you are unable to make them yourself. For example, last week new tax rules were announced by the Chancellor, which could have implications on many of our older citizens. If your mental or physical faculties are impaired, without an LPA you may be unable to make any changes from which you would benefit as a result.

If you would like more information on Lasting Powers of Attorney, the new rules, and how they may affect you and any trusts created by existing Wills, contact Teresa McCutcheon at Motley & Hope Solicitors in Biggleswade. Contact Teresa on 01767 600600 or e-mail TeresaMcCutcheon@motleyandhope.co.uk.