for someone, including a spouse or other family member, to make decisions on behalf of someone else who is losing, or has lost, the mental capacity to make those decisions themselves without a Lasting Power of Attorney (LPA) having been drawn up and Registered.
Very often such decisions need to be made because capacity has been lost and delays and difficulties can be caused through the decision maker not having the necessary authority to act. Such authority is given through an LPA which is effected by an individual when they are mentally capable of doing so. With an LPA they nominate who they wish (the Attorney or Attorneys) to continue to manage their affairs after their loss of capacity. Without a Property and Affairs LPA it is not possible, for instance, for the joint holder of a bank account to continue operating the account. If one of the account holders has lost capacity, the account is frozen if no LPA is in place. This could mean that it is not possible to access the funds or enter into a contract for placement in a care home. A Health and Welfare LPA will enable the nominated person (Attorney) to convey the individual’s wishes about their care needs – and maybe even their “Living Will”, or advance directive.
Since the implementation of the Mental Capacity Act in 2007, GPs, care homes and other commercial and public institutions are more aware of the need to ask to see a Registered LPA before they will take instruction from anyone on another person’s behalf. LPAs are administered and Registered through the Office of the Public Guardian (OPG)
For more information contact FirstStop Advice on 0800 377 70 70 or visit
http://www.firststopcareadvice.org.uk/finance/handling-another-persons-finances.aspx