• What is a Lasting Power of Attorney (LPA)?

    A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more people (called attorneys) to make decisions on your behalf if you are unable to do so yourself, or if you choose for them to act while you still have capacity.

  • What types of LPA are there?

    There are two types of LPA:


    • Health and Welfare LPA – covers decisions about medical treatment, care, living arrangements, and life-sustaining treatment.
    • Property and Financial Affairs LPA – covers decisions about money and property, such aspaying bills, managing bank accounts, or selling a home.

    You can make one or both types.

  • When does an LPA take effect?

    Property and Financial Affairs LPA can be used as soon as it is registered, with your permission.


    Health and Welfare LPA can only be used if you lack mental capacity to make the relevant decision.

  • What is mental capacity?

    Mental capacity means being able to: - Understand information relevant to a decision - Retain that information - Weigh up the information - Communicate your decision


    Capacity is decision-specific and can change over time.

  • Who can be an attorney?

    An attorney must: - 


    • Be 18 or over 
    • Have mental capacity -
    • Not be bankrupt (for Property and Financial Affairs LPA)

    Attorneys are often family members, friends, or professionals (such as solicitors).

  • Can I appoint more than one attorney?

    Yes. You can appoint multiple attorneys and choose whether they act: - 


    • Jointly (together for all decisions) 
    • Jointly and severally (together or independently) 
    • A combination of both, depending on the decision

    You can also appoint replacement attorneys.

LASTING POWERS OF ATTORNEY

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (called an "attorney") to make decisions on your behalf if you become unable to do so yourself.  You can have more than one attorney if you choose.


It provides peace of mind that your financial, medical, and personal affairs will be managed by someone you trust, should you lose the capacity to manage them yourself due to illness, injury, or old age.


Types of Lasting Power of Attorney


Property and Financial Affairs LPA


This allows your attorney to manage your finances, including:


  • Paying bills
  • Managing your bank accounts
  • Selling property
  • Making investments
  • Dealing with benefits and pensions


The Property & Financial Affairs LPA is often used for convenience as you get older, although a donor of any age can decide to use the LPA as soon as it is registered.  You can also choose to only use the LPA after you have lost mental capacity.


Health and Welfare LPA


This allows your attorney to make decisions regarding your health and personal care, including:


  • Medical treatment
  • Where you live
  • Day-to-day care and wellbeing
  • End-of-life care decisions (if you are unable to make those decisions)


Unlike a Property & Financial Affairs LPA, A Health & Welfare LPA can only be used once the donor has lost mental capacity. 


In both cases it is essential that the LPAs are registered at the Office of the Public Guardian, as without them being registered they cannot be used under any circumstances.



Lasting Power of Attorney Fees


For more information about our LPA fees, please see our LPA Fees page.


If you would like to talk about making  LPAs, please telephone Nadine Forrester or Amanda Boote at our office on 01782 599577 and we can advise on the next steps.