Lasting Power of Attorney

What is an LPA?

Where a will ensures your plans are met after your death, an LPA is for protecting your wishes in your lifetime. There may come a time in life where you need someone to make your decisions for your health and/or finances. This could be due to a serious accident, or a life-changing illness such as dementia, which affects your mental capacity to make decisions in your best interest.

What are the two types of LPAs?

Health and welfare: the attorney can make choices around your health care, accommodation, and daily routine, as well as making consensual decisions regarding significant medical treatments.

Property and financial affairs: the attorney will have the authority to manage your financial affairs, such as dealing with bills and pensions.

When can I create an LPA?

As long as you are above 18, you can make an LPA providing you have the mental capacity to do so. There is a misconception that your family automatically has the authority to make decisions on your behalf if anything happens to you. Creating an LPA will ensure that someone you trust will be managing your affairs, should you ever need them to.

If something happens and you don’t have an LPA in place, your family can make an application to the court to decide who can act as your attorney, but this can be time-consuming and not very cost-friendly.

How can I create a lasting power of attorney?

1. You can choose one or more attorneys. They must be over 18, have the mental capacity to make their own decisions as well as yours, willing to act on your behalf, and they must be someone you trust to act in your best interests.

2. You must fill in the correct form, which you can do online or in person. You’ll need to decide whether you want your attorneys to act independently or together, and whether you want to appoint substitutions under certain circumstances.

3. The form must be signed with two independent witnesses who are not your attorneys. You will also need a Certificate Provider, which is someone who confirms your capacity at the time of the creation of the LPA. If using a solicitor to assist your professional with your LPA, they can usually sign this section. It can also be a medical professional or a close friend you have known for more than two years, who would be willing to testify to your mental capacity in court if required. The certificate provider must also sign your LPA.

4. Your attorneys must then sign the LPA, before witnesses. 

5. These steps must be performed in chronological order, or you risk the LPA being declared invalid.

6. Finally, you must register your form with the Office of the Public Guardian. 

Why is legal assistance recommended when appointing an LPA?

An attorney is in a position of great power and responsibility, and it’s vital that you make the right decisions when appointing yours. There are lots of decisions you need to make, from who to appoint, to what powers they’ll have.

A solicitor can help you to fully understand the gravity of the role of your attorneys, and talk you through the stages in which they are to be appointed. We can help you avoid certain errors being made in the creation of an LPA, as well as making sure it’s completely suitable for your needs.