Lasting Powers of Attorney (LPA)

Attorneys can make decisions for you when you no longer wish to or when you lack the mental capacity to do so.

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What is Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that gives authority to another person to act on your behalf. It prevents a stranger, or someone you don't trust, from having this power. Without an LPA, if you become ill and/or cannot make your own decisions, your loved ones (including your spouse or partner) must apply to a court for these powers - adding significant cost and time.

Our specialists can explain to you what it means to have Lasting Powers of Attorney and how you can appoint someone to make decisions on your behalf if you were to lose the capacity to do so.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legally binding document, which enables you to choose a person, or people, that you trust to step into your shoes in the future if you are ever mentally or physically incapable of dealing with your own property and financial affairs or you do not have the mental capacity to make decisions surrounding your health and welfare.

Without an LPA, if you become ill and/or cannot make your own decisions, your loved ones (including your spouse or partner) must apply to a court for these powers - adding significant cost and time. Creating an LPA in advance of any situation where you are unable to make decisions for yourself makes sure that your affairs and welfare will be looked after by someone you trust.

Without a Lasting Power of Attorney...

  • The State may freeze your assets

  • Your pension may not be accessible

  • Your finances may be frozen

There are two types of LPA:

Health and Welfare

Persons appointed under this type of LPA can make decisions for you on matters such as:

  • Your daily routine

  • Medical care

  • Moving into a care home

  • Receipt of life-sustaining treatment

This LPA can only be used once you no longer have mental capacity to make these decisions for yourself.

Property & Financial Affair

Persons appointed under this LPA can make decisions for you and assist you with matters such as:

  • Managing your financial accounts

  • Paying bills

  • Collecting payments such as pension

  • Continuing to run your business

  • Selling your home

This LPA can be used once you no longer have mental capacity to deal with these matters yourself but also can be used immediately, depending on your preferences.

We just don't know what is around the corner...

We recommend that everyone considers making a Lasting Power of Attorney, no matter their age or state of health. Simply because we just cannot predict what is around the corner and planning for such an eventuality is important.

Making a Lasting Power of Attorney gives you the peace of mind that, should you become ill or injured in the future, your loved ones can deal simply with your affairs.

Retain control over your affairs

Without a doubt, sudden changes to your mental and physical health can impact your capacity to make decisions for yourself. A Lasting Power of Attorney is the only way to ensure that you are protected when you are most vulnerable. LPAs can:

  • Ensure you have appointed people that you trust to assist you and make decisions for you

  • Enforce legally binding conditions and restrictions on those making decisions on your behalf

  • Ensure that decisions can be made immediately after you become incapacitated

  • Set out your wishes on how you would like to live your life

  • Spare yourself and your loved ones from unnecessary stress during what may already be a very difficult time

Frequently Asked Question

1. What is a Lasting Power of Attorney (LPA) used for?

A Lasting Power of Attorney (LPA) is a legal document giving someone you trust (your Attorney) the power to make decisions on your behalf.

An LPA grants your appointed Attorney with the authority to deal with your affairs on hour behalf in the event of you losing capacity.

2. Who can be an Attorney under a Lasting Power of Attorney (LPA)?

An Attorney is the person you appoint to make decisions on your behalf when or if you lose capacity. Your Attorney can be anyone you choose. You should trust the person as they will be making important decisions on your behalf if you have lost capacity and are not able to. They need to be over 18 and cannot be bankrupt.

You should think carefully about the practicalities of who you appoint. Do they have the time? Are they willing to act? And is it convenient for them and you (for example are they local)?

3. How long does a Lasting Power of Attorney (LPA) last?

A Lasting Power of Attorney is valid until you die. At this point your executors or administrators if you die without a Will will take over the administration.

4. What is a Certificate Provider under a Lasting Power of Attorney (LPA)?

A Certificate Provider is the person who certifies that you have capacity to be making the LPA at the point at which you execute the document.

5. Can I cancel a Lasting Power of Attorney (LPA)?

You can cancel your LPA at anytime provided you have capacity to do so.

6. What are an attorney's duties under a Lasting Power of Attorney (LPA)?

An attorney must always act in the best interest of the Donor – the person who made the LPA. You must help the Donor reach their own decisions first. If they are not able to then you can make the decision.

You must follow any instructions or restrictions contained in the LPA. Attorneys should take into consideration the preferences that the Donor has made.

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