What Is A Lasting Power Of Attorney?

A Lasting Power of Attorney (LPA) is a legal document which basically says who should look after your finances should you become incapable of doing so. We take a closer look at an LPA, including how to set one up and who can act as your attorney.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that enables someone you trust to make decisions on your behalf about your property and financial affairs or health welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.

An  LPA must be registered with the Office of the Public Guardian (OPG) to be valid.

What types of Lasting Power of Attorney are there?

There are 2 types of LPA:

• Property and financial affairs LPA – this allows you to authorise someone else to make decisions for you regarding your property and financial affairs. You can appoint someone to manage these affairs for you whilst you still have capacity or when you lack capacity. The person may for example deal with your personal finance matters, receive your pension and decide on priorities to pay off your bills and debts. With this LPA the person cannot make decisions about your personal welfare.

• Health and Welfare LPA – this allows you to authorise one or more people to make decisions for you regarding your personal healthcare and welfare. These decisions though can only be taken when you lack the capacity to do so yourself, for example if you have dementia, have a stroke or are unconscious. You decide to what level you want your Attorney to act. For example deciding on medical treatment, whether you continue to live in your ownhome, decisions around ‘life-sustaining treatment’, as well as decisions about day to day aspects of your personal welfare, your diet and your daily routine for example. With this LPA the person cannot make decisions about your property and financial affairs.

Why Do You Need An LPA?

Without a valid LPA, the Court of Protection makes declarations, decisions or orders on financial or welfare matters affecting people who lack capacity to make such decisions.

Basically therefore if you become mentally incapacitated and do not have an LPA in place, the Court of Protection will take charge over your affairs.

Who Can Act As Your Attorney?

You can appoint one or more people to be your Attorney. They must be over 18 and clearly must be people you trust.

If you appoint more than one person, you can decide whether they must take decisions together or can act together and independently. Being appointed an Attorney is an important role and one that the person chosen has to agree to take on.

How Can You Make A Lasting Power of Attorney?

You can download an LPA form from the OPG website. You can fill the form in yourself and then get it signed by an independent third party, a professional or someone you have known for at least 2 years.

There is a registration fee per type of LPA, currently this is £120.

Whilst you can do all this yourself, an LPA is an important legal document and you may feel more comfortable using a professional solicitor. This will cost more but you may feel it to be the better option, your choice.

Useful links

As well as information on the OPG website, the Alzheimer’s Society has information on LPAs.