LPA'S

Lasting Powers of Attorney (LPAs) let you choose a person (or people) you trust to act on your behalf. This person is referred to as your ‘attorney’, and you can choose what decisions they can make for you.

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LPA's give you control over what happens to you and your affairs during your lifetime. Without one, there is no guarantee that your wishes will be followed should you lose the ability to make decisions for yourself.

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Without an LPA The Court of Protection will appoint someone called a 'Deputy' on your behalf. Imagine someone you do not know operating your bank accounts and investments or deciding where you live and at the same time charging you a fee without you knowing. What’s more, family members could end up fighting over what’s best for you, and may be burdened with legal complications, delays and additional costs at what is already a difficult time.

 

There are two different types of LPA. One of them covers decisions about your property and finances, and the other covers decisions about your health and welfare. You can appoint the same person (or people) to be your attorney for both, or you can have different attorneys.

 

An LPA can only be used after it has been registered at the Office of the Public Guardian (OPG). The OPG is responsible for the registration of LPAs. There is a separate fee for the registration of LPA's with the OPG.

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Property and Affairs LPA:

A property and affairs LPA covers decisions about your finances and property. If, for whatever reason, you can’t manage your finances anymore, the person you appoint as your attorney will be able do this for you. This can include paying your bills, collecting your income and benefits, or selling your house. However, if you want to, you can limit the decisions they can make, or place conditions on what they can do.

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Once registered, a property and affairs LPA can be used even if you are still able to deal with these things yourself.

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Health and Welfare LPA:

A health and welfare LPA allow the attorney to make decisions on your behalf about your health and welfare, if there comes a time when you are unable to make these decisions for yourself. A health and welfare attorney could make decisions about where you live, for example, or your day-to-day care, including your diet and what you wear.

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You can also give your health and welfare attorney the power to accept or refuse life-sustaining treatment on your behalf. You will be asked whether you wish to do this or not on the form, and you will need to state your intention clearly.

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As with a property and affairs LPA, a health and welfare LPA can only be used once it has been registered at the OPG. However, in contrast to the property and affairs LPA, it cannot be used while you still have the mental capacity to make decisions about your own welfare or treatment. 

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Why should I make a Lasting Power of Attorney?

Set out your wishes

Decide what you would like to happen to you and your affairs, before it’s too late. LPA's are very flexible documents that allow you to determine whether you give someone control over all aspects of your financial or personal affairs, or whether you only give control over certain aspects.

 

Protect your family

Protect your family from the burden and stress of the state taking control of your affairs. Without an LPA, the state will appoint a Deputy to represent you through the Court of Protection. There are many heart breaking examples of loved ones feeling helpless and frustrated as they watch a Local Authority operate their loved one’s affairs.

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Save time and money

Save your family the considerable expense of application, renewal and bond costs. If you have not made an LPA, a family member can apply to become a Deputy but to make an application can cost a significant amount of money, and the average time to complete an application is six months. It is also not guaranteed that the Deputy status will be granted even when you've spent the money on the process.

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You don’t necessarily need both LPAs and don’t need to purchase both if you don’t want them. Some clients opt simply for one over the other.