Is it legal to make decisions on behalf of a loved one?

As part of our Insights series, Is it legal to… we explore the legal options available to you to help  manage the affairs of a vulnerable person or loved one.

There are a few options available that allow us to make important life decisions for our loved ones.

Lasting Power of Attorney (LPA) – Property and Financial Affairs

Includes decisions such as:

• Managing money (including bank accounts, investments, stocks etc).
• Paying bills.
• Collecting benefits or a pension.
• Selling property.

Depending on the authority you have, you could make these decisions as soon as the LPA is registered.

Lasting Power of Attorney (LPA) – Health and Welfare

Includes decisions such as:

• Daily routine (e.g. washing, dressing, eating).
• Medical care.
• Moving into a care home.
• Life-sustaining treatment.

You can only make these decisions if your loved one has lost mental capacity.

General Power of Attorney

This could be a great short-term solution BUT this is only effective whilst your loved one has capacity.

Deputyship Order under the Court of Protection

A potential solution if a person loses capacity but does not have an LPA in place.