As his mum’s dementia has increased over the past couple of years, son Chris Collins has become her full-time carer, in charge of all the everyday running of things including buying the groceries. But with all the demands of the role and to save time he mostly used his mum’s existing accounts and never got around to addressing the legal permissions needed. First and foremost that’s a Lasting Power of Attorney (LPA) that enables all involved to live as easily as possible if someone’s dependency increases.
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When Chris tried to sort out the missing shopping, the supermarket only had his mum’s details and because of data protection said it could not help. “My mum’s memory is poor so she can’t really speak to strangers and the shop won’t budge,” Chris told Crusader. In this case understanding has now prevailed and the full order restored, but the experience has also served to help him realise the importance of having an LPA. [name has been changed]
Having a Lasting Power of Attorney (LPA) in place can relieve pressures for all concerned in caring for a dependent loved one.
Claire Davis, director at The Association of Lifetime Lawyers explains the basics and the benefits.
“A Lasting Power of Attorney (LPA) allows you to choose someone you trust to step in and handle you’re your affairs if you lose capacity. There are two types: one covering property and finances, allowing attorneys to manage banking and payments with consent or if capacity is lost, and another for health and welfare, which comes into effect when the person is no longer able to make decisions themselves.
Setting up an LPA involves choosing attorneys, getting a certificate provider to confirm understanding, and registering it with the Office of the Public Guardian, a process that can take 10 to 16 weeks. It’s a good idea to seek professional advice, for example, from a Lifetime Lawyer, to ensure everything is done correctly. Once registered, attorneys should inform key institutions like banks, government bodies, insurers, and utility providers. Checking bank statements can help identify any additional organisations to notify. Most institutions will need a certified physical copy of the LPA, which can be provided by a solicitor or the donor.”
In the case of Chris Collins, “the supermarket was legally right to refuse discussing the missing order due to GDPR,” says Davis.
“Without an LPA in place, companies aren’t allowed to share financial details. If an LPA had been registered with the supermarket, the son could have been granted access. A simple workaround would be setting up the online shopping account in the attorney’s name to avoid similar issues in the future.”
She also warns about the risks of Artificial Intelligence (AI) as it becomes more common in legal processes.
“It might generate wording that isn’t quite right, fail to protect vulnerable people from coercion, or miss the crucial step of assessing a person’s mental capacity. While AI tools can help, they can’t replace human expertise when it comes to making sure the right legal protections are in place.”
“An LPA is a valuable safeguard for the future, making sure attorneys can step in to manage finances, arrange care, and advocate when needed,” Davis points out. “A Health & Welfare LPA is particularly important for ensuring someone trusted is involved in medical and care decisions. While it doesn’t solve all the challenges in the social care system, it gives families the legal authority to act and make informed decisions when it matters most.”
LPA set up costs: these do vary depending where you live, but as an example in the Thames Valley area it is between £400 to £600, but always ask about possible discounts.
