Lasting Power of Attorney
Choose trusted people to make decisions on your behalf if you're ever unable to make them yourself.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people you trust to make decisions on your behalf. These people are called your "attorneys."
LPAs are essential because no one, not even your spouse or children, has an automatic right to manage your affairs if you lose the mental capacity to do so yourself. Without an LPA, your family would need to apply to the Court of Protection, a process that's expensive, stressful, and can take many months.
The Two Types of LPA
Health and Welfare LPA
This LPA covers decisions about your daily routine, medical treatment, and care. Your attorney can make decisions about:
- Where you live and who you live with
- Your day-to-day care, including diet, dress, and routine
- Medical treatment and ongoing healthcare
- Whether life-sustaining treatment should be given or refused (if you choose to give this authority)
This type of LPA can only be used when you lack capacity to make these decisions yourself.
Property and Financial Affairs LPA
This LPA covers decisions about your money and property. Your attorney can:
- Manage your bank accounts and pay bills
- Collect benefits and pensions
- Sell or manage your property
- Make investments on your behalf
- Deal with your tax affairs
This type of LPA can be used while you still have capacity (with your permission) or when you've lost capacity.
Why Set Up an LPA Now?
Many people put off creating an LPA because they feel healthy and think it's something for later life. But accidents and illnesses can happen at any age, and once you've lost mental capacity, it's too late to create an LPA.
Setting up an LPA while you're well gives you complete control over who makes decisions for you. You choose people you trust, and you can add instructions about your preferences and any restrictions on what your attorneys can do.
Common Misconceptions
"My spouse can automatically manage my affairs"
This is one of the biggest misconceptions. Your spouse has no legal authority to access your bank accounts, sell property in your name, or make medical decisions without an LPA or court order, even if you've been married for decades.
"I'm too young to need an LPA"
Accidents and serious illnesses can affect anyone at any age. Having an LPA in place means your family can act quickly if something unexpected happens, rather than dealing with court applications during an already difficult time.
"My will covers everything"
A will only takes effect after you die. An LPA is for decisions while you're alive but unable to make decisions yourself. They work together as part of comprehensive estate planning.
The LPA Registration Process
Initial Discussion
We'll talk about your situation, who you'd like as attorneys, and any specific wishes or restrictions you want to include.
Drafting the LPA
I'll prepare your LPA documents carefully, ensuring your wishes are clearly recorded and the forms are completed correctly.
Signing and Witnessing
The LPA must be signed in a specific order by you, your attorneys, and a certificate provider. I'll guide you through this process.
Registration
The LPA is submitted to the Office of the Public Guardian for registration. This currently takes around 20 weeks.
Ready to Use
Once registered, your attorneys can act on your behalf according to the terms of the LPA.
Frequently Asked Questions
Who should I choose as my attorney?
Choose someone you trust completely, who understands your values and wishes, and who is willing and able to take on the responsibility. Many people choose a spouse, adult children, close relatives, or trusted friends. You can appoint more than one attorney if you prefer.
Can I have different attorneys for different LPAs?
Yes, you can appoint different people for your Health and Welfare LPA and your Property and Financial Affairs LPA. Some people choose a family member for health decisions and someone with financial expertise for property and money matters.
What if my attorney abuses their position?
Attorneys have a legal duty to act in your best interests. If there are concerns about abuse, reports can be made to the Office of the Public Guardian, who can investigate and remove attorneys if necessary. Choosing trustworthy attorneys and including appropriate restrictions helps prevent problems.
Can I cancel an LPA?
Yes, as long as you have mental capacity, you can revoke (cancel) an LPA at any time. The Office of the Public Guardian must be notified of the revocation.
How much does an LPA cost?
There is a registration fee of £82 per LPA payable to the Office of the Public Guardian. Professional fees for preparing the LPA vary depending on complexity. I'll provide a clear, complete quote during your free consultation so you know the full cost before proceeding.
Plan Ahead While You Can
Don't wait until it's too late. Book a free consultation to discuss LPAs for you and your family.