This year, Jewish Care is highlighting the importance of planning for the future by making a Lasting Power of Attorney (LPA).
Jewish Care’s Head of Social Work, Safeguarding and Mental Health, Rachel Wenmouth, explains.
“When it comes to our health, something could happen to us at any time – not just in the later stages of our life – so we need to have made our wishes clear. Many of us assume that these decisions will be made by our next of kin, but legally this isn’t the case. It makes it a lot easier for those around us in a crisis to have had these conversations with our decisions recorded. Talking through and reviewing our preferences and choices with family and friends will also give clarity and peace of mind to everyone involved.
“Making a Lasting Power of Attorney is just as vital as taking out life insurance or writing a Will. It is so important for us all, whatever our age. Choosing someone we trust to be our Attorney for our health and welfare means we will have more control about what happens should we lose mental capacity and are, therefore, no longer able to make decisions for ourselves. Without it, we won’t have a say.
“Crucially, we can only make an LPA while we still have the ability to make decisions. So, acting early is essential. By putting an LPA in place, we open the door for honest, supportive discussions and ensure our choices are known and respected, no matter what the future holds.”
What we all need to know:
There are two types of LPA – one for Health and Welfare; the other for Property and Financial Affairs.
A Health and Welfare LPA
A Health and Welfare LPA helps everyone involved to understand what your choices are when it comes to your health care.
If you haven’t made an LPA and still have capacity, and you move to a care home or retirement living, the care staff and social workers at Jewish Care can signpost arrangements for you to make one.
The Health and Welfare LPA is only valid once registered with the Office of the Public Guardian (OPG) and crucially, when you (the donor) lose mental capacity to make your own decisions.
If someone already lacks capacity and it’s too late to make an LPA, a “best-interest” decision will be made by a multi-disciplinary team, incorporating the views of those who know the individual well.
Jewish Care also encourages new residents and tenants to complete an Advance Care Plan. An Advance Care Plan covers what matters most to a person and includes preferences for health, end-of-life care and funeral choices. It helps to guide professionals (including care staff and medical staff), especially when making best-interest decisions. However, the Advance Care Plan is not a legal document.
A Property and Financial Affairs LPA
With a Property and Financial Affairs LPA, you can ask your Attorney to act on your behalf regarding your financial affairs even when you still have capacity, should you wish to.
Your appointed relatives or friends have the legal authority to assist you but, without a Property and Financial Affairs LPA, a bank is not required to follow the instructions of a person’s next of kin.
The Property and Financial Affairs LPA is only valid once registered with the OPG and can be used as soon as it is registered if you choose, or only when you lose mental capacity.
When you make an LPA, it can be useful to appoint more than one Attorney to act for you. This is because if one of them was to die, or become unable to make decisions on your behalf, the other Attorney(s) could step in. It is also helpful to ensure that all Attorneys understand your wishes. In addition, Attorneys should only make decisions on your behalf if all efforts to support you in making your own choices have been explored and not been successful. Your Attorneys for your Health and Welfare LPA do not need to be the same Attorneys as your Property and Financial Affairs LPA. Both LPAs are registered individually.
Attorneys are required to act in accordance with the Mental Capacity Act 2005 and its Code of Practice. They must take all reasonable steps to help you to make as many decisions as possible.
You can make an LPA by completing the forms yourself via the Government Lasting Power of Attorney website. These forms must be signed by the Attorneys and a Certificate Provider who confirms that you have understood what the LPA means. It should then be submitted to the OPG for registration.
You can either download and print the forms to complete by hand or fill them out online and then print them. The completed forms need to be signed and posted to the OPG, along with the registration fee. Depending on your financial circumstances, you may qualify for a fee reduction or exemption. There are also a number of organisations throughout the UK offering assistance to complete the LPA paperwork.
A solicitor can assist you in preparing and registering an LPA. You will be charged for their professional services, in addition to the registration fees required by the OPG. You may find it helpful to use a solicitor if your financial affairs are complex or if you wish to add specific restrictions regarding your Attorney. Setting up an LPA may override any previous Advance Decision (also known as a Living Will), which a solicitor can discuss with you.
To find out more about making an LPA, go to the Government website, or contact Jewish Care Direct helpline on 020 8922 2222 or helpline@jcare.org