Can family make decisions for me without an LPA?
Rebecca Sadler, a solicitor in our Private Client Department provides clarity on the subject
Rebecca Sadler, a solicitor in our Private Client Department provides clarity on the subject
This is a question we are asked frequently, and the short answer is no. Without a Lasting Power of Attorney (LPA) in place, family members do not have the legal authority to make decisions on your behalf, even with the best of intentions.
If someone has lost the mental capacity to manage their own affairs, it is essential that a Lasting Power of Attorney has been set up in advance. An LPA grants a trusted person, known as an attorney, the legal authority to deal with the management of that individual's affairs. Without this, family members are simply not in a position to act, regardless of their relationship to you.
This has very practical consequences. Family members cannot make decisions about financial matters such as closing bank accounts, transferring funds, or selling property without a Lasting Power of Attorney in place. They would not have the legal authority to do so, and banks, financial institutions, and other organisations are unlikely to deal with them without evidence of that authority.
It is important to be aware that an LPA can only be set up whilst a person still has mental capacity. Once capacity has been lost, it is too late to put one in place, and the process of obtaining the legal authority to act on someone's behalf becomes considerably more complicated and costly.
Planning ahead is the best way to protect yourself and the people you love. Our Private Client team can guide you through the process of setting up a Lasting Power of Attorney, ensuring that your wishes are properly recorded and that the right people are in place to support you if and when the time comes.
If you would like to find out more, please do not hesitate to contact us.
