Lasting Power of Attorney: A Complete Guide

Overview

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose mental capacity in the future. There are two types: one for property and financial affairs, and one for health and welfare. Setting up an LPA while you are well is one of the most important steps you can take to protect yourself and your family.

Key Facts

• ✓There are two types of LPA: property and financial affairs, and health and welfare.
• ✓An LPA must be registered with the Office of the Public Guardian before it can be used.
• ✓Registration currently takes around 20 weeks.
• ✓The registration fee is 82 pounds per LPA (as of 2024).
• ✓An LPA can only be set up while you have mental capacity.
• ✓A health and welfare LPA can only be used once you have lost mental capacity.
• ✓A property and financial affairs LPA can be used while you still have capacity, with your permission.
• ✓You can appoint more than one attorney and specify how they must act.

Step by Step

1. 1

   Decide which type of LPA you need

   Most people benefit from having both types. The property and financial affairs LPA covers bank accounts, investments, property, and bills. The health and welfare LPA covers medical treatment, care arrangements, and day-to-day decisions about your life. You can set up both at the same time to save on costs.

2. 2

   Choose your attorney or attorneys

   Your attorney must be an adult (18 or over) and must not be bankrupt if they are acting as attorney for property and financial affairs. Choose someone you trust completely. You can appoint more than one attorney and specify whether they act jointly (all together) or jointly and severally (independently). You can also appoint a replacement attorney in case your first choice is unable to act.

3. 3

   Add any restrictions or guidance

   You can add specific instructions that your attorney must follow, or preferences and guidance that you would like them to consider. For example, you might specify that you want to remain living at home for as long as possible, or that certain investments should not be sold.

4. 4

   Get a certificate provider

   A certificate provider is someone who confirms that you understand the LPA and are not being pressured into making it. They must be someone who has known you personally for at least two years, or a professional such as a solicitor or doctor. They cannot be a family member or your attorney.

5. 5

   Sign the LPA in the correct order

   The LPA must be signed in a specific order: first you, then the certificate provider, then your attorneys. Each signature must be witnessed. If the order is wrong, the registration will be rejected. Use the online service or a solicitor to ensure it is done correctly.

6. 6

   Register the LPA with the Office of the Public Guardian

   Send the completed LPA to the Office of the Public Guardian with the registration fee. You can also register online. There is a waiting period of at least 4 weeks to allow anyone to raise concerns. Once registered, the LPA can be used.

Frequently Asked Questions

What is the difference between the two types of LPA?

The property and financial affairs LPA covers decisions about money, bank accounts, property, and bills. It can be used while you still have capacity, with your permission, or only when you have lost capacity. The health and welfare LPA covers decisions about medical treatment, care, and daily life. It can only be used once you have lost mental capacity.

How long does it take to register an LPA?

The Office of the Public Guardian currently takes around 20 weeks to register an LPA. This is why it is so important to set one up well in advance, while you are still well. You cannot use an LPA until it is registered.

Can I change my LPA after it is registered?

You cannot amend a registered LPA. If you want to make changes, you need to revoke the existing LPA and make a new one. You can revoke an LPA at any time while you have mental capacity by notifying the Office of the Public Guardian.

What if I already have an Enduring Power of Attorney?

Enduring Powers of Attorney (EPAs) were replaced by LPAs in 2007, but existing EPAs are still valid. An EPA only covers property and financial affairs and does not cover health and welfare decisions. If you have an EPA, you may want to consider setting up a health and welfare LPA as well.

Can my attorney be paid?

Attorneys are not automatically entitled to payment unless the LPA specifically allows it. However, attorneys can claim reasonable out-of-pocket expenses. If you want your attorney to be paid for their time, you need to include this in the LPA.

What safeguards are in place to prevent abuse?

Attorneys have a legal duty to act in your best interests. They must keep accounts and records. The Office of the Public Guardian can investigate concerns about an attorney's conduct. You can also appoint a named person to be notified when the LPA is registered, who can raise concerns.

Official Resources

These links go directly to official government and trusted organisation websites.

• Make a Lasting Power of Attorney

  Official GOV.UK guidance and online service for setting up an LPA

  GOV.UK
• Office of the Public Guardian

  Register and manage powers of attorney

  GOV.UK
• Age UK LPA guide

  Plain-English guide to LPAs from Age UK

  Age UK
• Citizens Advice LPA guide

  Free guidance on LPAs from Citizens Advice

  Citizens Advice