A lasting power of attorney (LPA) is a way of giving someone you trust the legal authority to make decisions on your behalf if you lack mental capacity at some time in the future or no longer wish to make decisions for yourself.

There are two types of LPA:- One for financial decisions and one for health and welfare

LPA for Financial Decisions

This can be used while someone still has mental capacity. The attorney can generally make decisions on things such as:

  • buying and selling property
  • paying bills; and
  • arranging repairs to property

LPA for Health and Welfare

This covers healthcare as well as welfare and can only be used once a person has lost mental capacity. An attorney can generally make decisions about things such as:

  • where you should live
  • your medical care; and
  • who you should have contact with

A lasting power of attorney (LPA) is a way of giving someone you trust the legal authority to make decisions on your behalf if you lack mental capacity at some time in the future or no longer wish to make decisions for yourself.

There are two types of LPA:- One for financial decisions and one for health and welfare

LPA for Financial Decisions

This can be used while someone still has mental capacity. The attorney can generally make decisions on things such as:

  • buying and selling property
  • paying bills; and
  • arranging repairs to property

LPA for Health and Welfare

This covers healthcare as well as welfare and can only be used once a person has lost mental capacity. An attorney can generally make decisions about things such as:

  • where you should live
  • your medical care; and
  • who you should have contact with

When is an LPA enforced?

For an LPA to be legal and valid you must have the mental capacity to set it up at the time you prepare it, and you have not been put under any pressure to create it.

When deciding who should be you attorney, you should think carefully about who you most trust, and who will have you best interests in mind should the time come where they need to act for you.

The LPA must also be signed by a certificate provider who confirms that you understand the agreement you are making and are making this agreement through your own free will. They must be someone you know well or a professional person, such as a doctor, social worker or solicitor. Often you may be asked to have a capacity assessment by an independent doctor to ensure that you can legal agree to an LPA.

The LPA must be registered with the Office of the Public Guardian before it can be used. You do not need to register the LPA straight away if you do not wish to. The LPA for fianances can be registered and used as soon as completed, however the LPA for health and welfare will only be used once it is deemed that you have lost capcity.

Registration Fees

There is a fee to register the LPA’s with the Office of the Public Guardian. These fees are subject to change however at this stage they are around £110 per LPA. The finance and welfare LPA’s must be registered individually and therefore will incur individual registration fees.