When is the right time to talk to my parents about lasting powers of attorney?

Broaching a subject often associated with later life decline may feel extremely uncomfortable. You may worry that your attempts to initiate plans for the future could be taken the wrong way.

However, as private client solicitors who help people and families take the practical steps aimed at making the years ahead easier and more secure, we regularly see the difficulties caused when these conversations have been avoided. There is of course a time, a place and a way of suggesting to parents that it would be a good idea to make lasting powers of attorney (LPAs). But our message is: try not to put it off, as timing may prove crucial (more about this below).

What is a lasting power of attorney?

It’s a legal document that appoints an ‘attorney’ to help make decisions about your life if you become unable to do that for yourself. They are often considered vital when a person has developed dementia, for example. But a brain injury caused by an accident at any stage of life could equally render a person mentally incapacitated. Given the uncertainty about what lies ahead for each of us, it makes sense for all adults – and not just those in later life - to put an LPA in place.

What types of decisions can an attorney make?

There are two categories of LPA. The first is: health and welfare. This allows an attorney to decide what medical treatment you should and shouldn’t receive and whether you should continue to live in your home, for example, as well as more routine matters about your life. This type of LPA comes into effect when the person who made it has become unable to make those decisions.

The second category is: property and financial affairs. This enables the attorney to deal with the person’s bank accounts, debts and the sale of their home (should that be necessary), among other things. A property and financial affairs LPA can be activated as soon as the person who made it gives permission.

When is the right time to make an LPA?

Ideally, everyone would make an LPA on reaching adulthood. However, more often than not we are asked to prepare LPAs for people much later in life. There is a cut-off to be aware of: once a person has lost mental capacity, it is too late. An LPA has to be made while they have the ability to understand its meaning and effect. There is a legal test for establishing mental capacity which needs to be thoroughly considered.

When it comes to having that difficult conversation with parents, you may be in a situation in which time is of the essence. Conversely, an LPA may be part of longer-term planning and might never need to come into effect. Whatever your circumstances, our team can advise you on the steps to take. And we can put in place legally binding LPAs that give peace of mind.

Contact our team on info@bsandi.co.uk or call on 01264 353411.