Your Guide to Lasting Powers of Attorney

Life is unpredictable, and while we all hope to remain capable of managing our own affairs, circumstances can change. A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone you trust to make decisions on your behalf if you cannot do so. This guide explains what an LPA is, why it’s important, and how to set one up.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that gives someone (known as your attorney) the authority to make decisions for you if you lose mental capacity or simply need help managing your affairs.

There are two types of LPA:

1. Property and Financial Affairs LPA – This allows your attorney to manage your finances, such as paying bills, collecting pensions, or selling property. You can choose for this LPA to be used even while you still have mental capacity if you need support.

2. Health and Welfare LPA – This covers decisions about your medical care, daily routine, and even life-sustaining treatment. Unlike the financial LPA, it can only be used if you lose mental capacity.

Why Should You Set Up an LPA?

Many people assume that a spouse or close family member can automatically manage their affairs if they cannot do so. However, without an LPA, this is not the case. If you do not have an LPA in place and you lose capacity, your loved ones would need to apply to the Court of Protection for permission to make decisions on your behalf—this can be costly, time-consuming, and stressful.

An LPA ensures that:

• You have control over who makes decisions for you.

• Your finances and welfare are managed in line with your wishes.

• Your loved ones avoid the difficulties of applying to the court.

Who Can Be an Attorney?

Your attorney should be someone you trust completely, as they will have significant responsibility over your affairs. This could be:

• A spouse or partner.

• A family member or close friend.

• A professional, such as a solicitor.

You can appoint more than one attorney and decide whether they must act jointly (together on all decisions) or jointly and severally (they can make decisions separately or together). A variation of the two is also possible (although it isn’t usually recommended).

How to Set Up an LPA

Setting up an LPA is very straightforward when dealt with through solicitors. The process involves:

1. Choosing your attorney(s) – Consider who you trust and whether they can handle the responsibilities involved.

2. Completing the LPA forms – We do this for you to ensure that it is done correctly and with the minimum of fuss.

3. Getting the LPA signed – You, your attorneys, and a certificate provider (a professional or someone who has known you for at least two years) must sign the documents to confirm you understand your decision. If we prepare your LPA for you, we will usually act as certificate provider too.

4. Registering the LPA – It must be registered with the Office of the Public Guardian (OPG) before it can be used. The current registration fee is £82 per LPA, but you may be eligible for a reduction based on income.

The process can take up to 20 weeks, so it’s best to plan ahead rather than wait until it’s urgently needed.

When Should You Make an LPA?

You should consider making an LPA as soon as possible while you have full mental capacity. Don’t think they are just for older adults; anyone can face unexpected illnesses or accidents anytime. Having an LPA in place ensures your affairs are handled smoothly should anything happen.

What Next?

If you’d like to set up an LPA or have questions about the process, our team is here to help. We can guide you through each step in plain English, ensuring everything is completed correctly and giving you peace of mind that your future is secure.

Contact us today to discuss your options and start the process of protecting your interests.