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Different legal arrangements you can make

There are certain legal arrangements you can make to prepare for when you are unable to make your own decisions. These will make sure that there is someone who can make decisions on your behalf and that your best interests are looked after.

You should think about the following possible arrangements:

• making a Lasting Power of Attorney
• using an existing Enduring Power of Attorney
• making a will

• How to decide if a person lacks mental capacity

Making a Lasting Power of Attorney

A Lasting Power of Attorney is a legal document that lets you appoint someone (called an ‘attorney’) to make decisions on your behalf. It can be used at any time in the future if you are not able to make your own decisions. These decisions can be about your property and finance or your health and welfare.

• What is a Lasting Power of Attorney?

Using an existing Enduring Power of Attorney

An Enduring Power of Attorney allows someone to make decisions for you about your property and financial affairs. The person you choose is called an 'attorney'. An attorney can make decisions for you when you still have mental capacity, as well as when you lack capacity.

Enduring Power of Attorneys were replaced by Lasting Power of Attorneys but may still be used if made and signed before October 2007.

• If you already have an Enduring Power of Attorney

Making a will

By making a will you can decide what happens to your property and possessions after your death. It is not a legal requirement to make a will.

If you lose the ability to make decisions for yourself and do not have a will, the Court of Protection can make one for you.

• Making a will