Lasting Power of Attorney
Protect your future by appointing someone you trust to make important decisions on your behalf. A Lasting Power of Attorney gives you peace of mind knowing your affairs will be handled according to your wishes.
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 to make decisions on your behalf if you become unable to do so yourself.
Health and Welfare LPA
This type of LPA covers decisions about your daily care, medical treatment, where you live, and life-sustaining treatment. Your attorney can only use this LPA when you lack the mental capacity to make decisions yourself.
Covers decisions about:
- Daily care routines
- Medical treatment
- Moving into a care home
- Life-sustaining treatment
Property and Financial Affairs LPA
This type covers decisions about your money, property, and financial matters. Unlike the Health and Welfare LPA, this can be used while you still have mental capacity with your consent, making it useful for practical matters.
Covers decisions about:
- Managing bank accounts
- Paying bills and debts
- Collecting benefits or pension
- Selling or managing property
Why Set Up an LPA Before You Need It
Many people wait too long to set up a Lasting Power of Attorney, often until it's too late. The crucial point to understand is that you can only create an LPA while you have mental capacity to do so.
If you lose capacity without an LPA in place, your family may need to apply to the Court of Protection for a deputyship order. This process is significantly more expensive, time-consuming, and stressful than setting up an LPA in advance.
- Peace of mind knowing your affairs will be handled by someone you trust
- Your choice of who makes decisions, not left to the courts
- Avoid court costs which can run into thousands of pounds
- Reduce family stress during an already difficult time
- Quick access to your finances when needed most
Choosing Your Attorneys
Selecting the right people to act as your attorneys is one of the most important decisions you'll make when setting up an LPA.
Who Can Be an Attorney?
Anyone over 18 with mental capacity can be your attorney. For Property and Financial Affairs LPAs, they must not be bankrupt. Most people choose family members, close friends, or sometimes professional advisers.
Qualities to Look For
Choose someone trustworthy who understands your values and wishes. They should be organised, good with paperwork, and willing to take on the responsibility. Consider their age, health, and proximity too.
Multiple Attorneys
You can appoint more than one attorney. They can act jointly (all must agree), severally (any can act alone), or jointly for some decisions and severally for others. We'll help you decide what works best.
Replacement Attorneys
It's wise to name replacement attorneys who can step in if your original attorneys can no longer act. This provides an extra layer of protection for your future care and finances.
The Registration Process
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Here's how the process works.
Complete the LPA Form
Working with us, we'll complete the official LPA forms together. This includes naming your attorneys, any preferences or instructions, and identifying who needs to be notified.
Sign and Witness
The LPA must be signed in the correct order: you (the donor) first, then your attorneys, then your certificate provider who confirms you understand the document and aren't being pressured.
Submit for Registration
The completed LPA is sent to the Office of the Public Guardian along with the registration fee. They'll check everything is in order and notify the people you've named.
Wait for Registration
Registration typically takes 8-10 weeks if there are no issues. During this time, anyone notified can raise objections. Once registered, you'll receive the stamped LPA documents.
Store Safely
Keep your registered LPA in a safe place and ensure your attorneys know where to find it. You may also want to give certified copies to banks, care providers, or doctors.
Common Misconceptions About LPAs
There are many myths surrounding Lasting Powers of Attorney. Let's clear up some of the most common misunderstandings.
"My spouse can automatically manage my affairs"
Even married couples cannot access each other's bank accounts or make legal decisions without proper authority. Without an LPA, your spouse may face significant difficulties managing finances during a crisis.
"LPAs are only for elderly people"
Illness and accidents can happen at any age. Anyone over 18 should consider an LPA. Young adults with families or assets particularly benefit from having these protections in place.
"Setting up an LPA means losing control"
You remain in full control while you have capacity. A Property and Financial Affairs LPA can be used with your permission during this time, and you can revoke it whenever you wish.
"My will covers everything"
A will only takes effect after death. An LPA protects you during your lifetime if you lose capacity. They serve completely different purposes and both are essential parts of good estate planning.
"LPAs are too expensive"
Compared to the cost and stress of Court of Protection proceedings (which can cost thousands), setting up an LPA is very affordable. It's an investment in your family's peace of mind.
"I can sort it out when I need it"
By the time you need an LPA, it may be too late to create one. You must have mental capacity to make an LPA. Planning ahead is the only way to ensure you're protected.
The Process with Your Estate Planner
We make setting up your Lasting Power of Attorney straightforward and stress-free, guiding you through every step.
Free Initial Consultation
We'll have a relaxed conversation about your circumstances, who you'd like to appoint as attorneys, and which type of LPA (or both) you need. This can be via video call at a time that suits you.
Preparing Your LPA
We'll prepare your LPA documents based on our discussion. We'll go through everything together so you understand each section, including any preferences or instructions you want to include.
Signing Appointment
We'll arrange a convenient time for the signing ceremony, ensuring everything is done correctly and in the right order. We can also act as your certificate provider if needed.
Registration and Completion
We'll submit your LPA to the Office of the Public Guardian on your behalf and keep you informed throughout the registration process. Once registered, we'll deliver your completed documents.
Frequently Asked Questions
Common questions about Lasting Powers of Attorney answered.
A Health and Welfare LPA allows your attorney to make decisions about your daily care, medical treatment, and life-sustaining treatment. It can only be used when you lack mental capacity. A Property and Financial Affairs LPA covers decisions about your money, property, bills, and investments. This type can be used while you still have capacity, with your permission, or when you lose capacity.
A Property and Financial Affairs LPA can be used as soon as it's registered, even while you still have mental capacity (with your consent). A Health and Welfare LPA can only be used when you lack the mental capacity to make specific decisions yourself. Both types must be registered with the Office of the Public Guardian before they can be used.
The Office of the Public Guardian charges a registration fee of £82 per LPA. If you're setting up both types of LPA, that would be £164 in registration fees. Some people may be eligible for a reduced fee or exemption based on their income. Our service fees are separate from these government registration charges and will be discussed during your free consultation.
Yes, as long as you have mental capacity, you can cancel (revoke) your LPA at any time. You'll need to notify the Office of the Public Guardian and destroy the original document. If you've already given the LPA to your attorneys or any organisations, you should inform them of the cancellation too. We can guide you through this process if needed.
Choose someone you trust completely, who understands your wishes, and who is willing and able to act in your best interests. They must be over 18 and have mental capacity. For Property and Financial Affairs LPAs, they cannot be bankrupt. Many people choose family members, close friends, or a combination. You can appoint multiple attorneys to act jointly, separately, or jointly for some decisions and separately for others.
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Ready to Protect Your Family?
Book your free consultation today. We'll take the time to understand your circumstances and explain how we can help.