Lasting Power of Attorney

A lasting power of attorney (LPA) is a legal document that lets you (the "donor") appoint another person (the "attorney") to make decisions on your behalf if you lose the ability to do so yourself. There are two types: one for making financial decisions and another for making health and care decisions. You can set up LPAs for both types of decisions.

The two types of lasting power of attorney (LPA) are:

Property and Financial Affairs LPA: This allows the attorney to make decisions about your financial matters, such as managing bank accounts, paying bills, collecting benefits or pensions, and buying or selling property. It can be used as soon as it’s registered, with your permission.

Health and Welfare LPA: This allows the attorney to make decisions about your health and welfare, including medical treatment, living arrangements, and daily care. It can only be used if you lack the mental capacity to make these decisions themselves.

If you don't have an LPA in place and you lose mental capacity, your loved ones may face significant difficulties. They will need to apply to the court to be appointed as your deputy, a process that can be lengthy, costly, and stressful.

During this time, important decisions about your health, welfare, and finances could be delayed. Additionally, the court-appointed deputy might not be the person you would have chosen, and they may not be fully aware of your preferences and wishes. This can lead to decisions that may not align with your best interests.

The decision on someone's mental capacity is typically made by healthcare professionals, such as doctors or psychologists, based on specific criteria. They assess whether an individual can understand, retain, and weigh relevant information to make decisions.

In some cases, social workers or other trained professionals may also be involved in the assessment. If there is a dispute or uncertainty about someone's capacity, the Court of Protection may make the final decision. This ensures that the assessment is thorough, objective, and in the best interests of the individual concerned.

You should consider getting an LPA as soon as possible. It ensures that if you ever lose the ability to make decisions, someone you trust can manage your affairs according to your wishes.

This is particularly important if you have concerns about future illness or aging. Waiting until a crisis or diagnosis can complicate the process, potentially leaving decisions in the hands of others who may not know your preferences.

Having an LPA in place provides peace of mind and avoids the need for court intervention, saving time, stress, and costs for your loved ones.

Setting up a lasting power of attorney by yourself can be more complex than you might expect. Given that it is a legal document, an LPA must be completed correctly for it to be registered with the Office of the Public Guardian. If you make any mistakes or your forms are incomplete, your lasting power of attorney may not be able to be used when it’s needed.

Getting your lasting power of attorney professionally drafted ensures that is valid and that all your wishes are respected.

For more information on setting up your lasting power of attorney, you can download our guide

The cost of setting up an LPA depends on several factors. You’ll need to pay a registration fee to the Office of the Public Guardian, which is currently £82 per LPA in the UK. While it's possible to complete the forms yourself, many choose to involve a solicitor to ensure everything is done correctly and avoid potential delays or mistakes. A solicitor’s costs vary dependent on your situation, but their expertise can provide peace of mind that your LPA is legally sound and tailored to your needs.

For help understanding the costs, use our free LPA Price Calculator.