A Lasting Power of Attorney (LPA) is a legal document that allows you — the donor — to appoint one or more people — the attorneys — to make decisions on your behalf if you become unable to make those decisions yourself. There are two types: one for property and financial affairs, and one for health and welfare. Both must be registered with the Office of the Public Guardian before they can be used.
Property and financial affairs LPA
This LPA authorises your attorney to manage your financial affairs — operating your bank accounts, paying your bills, collecting your pension and benefits, managing your investments, and selling your property if necessary. You can choose whether this LPA can be used while you still have capacity — which can be useful if you want help managing your affairs — or only when you have lost capacity.
Health and welfare LPA
This LPA authorises your attorney to make decisions about your medical treatment, care arrangements, daily routine, and where you live — but only when you lack the mental capacity to make those decisions yourself. Crucially, you can give your attorney the power to consent to or refuse life-sustaining treatment on your behalf, or you can exclude this power. This is one of the most personal decisions embedded in an LPA.
Choosing your attorney
Your attorney must be 18 or over and must not be bankrupt (for a property LPA). Beyond these requirements, the choice is entirely yours. Most people appoint a spouse or civil partner, an adult child, or a close friend. You can appoint multiple attorneys to act jointly — requiring them to agree on every decision — or jointly and severally — allowing either to act alone. A replacement attorney can be named to step in if your original attorney is unable to act.
Safeguards
The LPA form includes a certificate provider — an independent person who confirms you understand the LPA and are not being pressured into making it. Your attorney must have regard to your past and present wishes, feelings, and values when making decisions. They must act in your best interests and consider less restrictive alternatives. They cannot make gifts from your estate beyond what is customary, unless the LPA specifically authorises this or the Court of Protection approves.
Registration
An LPA must be registered with the Office of the Public Guardian before it can be used. Registration currently takes around 20 weeks and costs £82 per LPA. The OPG notifies relevant people and allows a period for objections before completing registration. It is therefore important to register your LPA well in advance of when you might need it — which means acting while you are still well and have capacity.
Setting up an LPA is one of the most important steps in protecting your future and your family. A solicitor can ensure it is correctly drafted and registered.