A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place to safeguard your future. It allows you to appoint someone you trust—known as your attorney—to make decisions on your behalf if you lose mental capacity. Many people assume their spouse or children can automatically step in, but without an LPA, your loved ones may face a lengthy and expensive application to the Court of Protection to gain authority over your affairs. This process can be stressful and may not result in the person you would have chosen being appointed.
Types of LPA: What Are Your Options?
There are two types of LPA, each serving a different purpose:
Property and Financial Affairs LPA: This covers decisions about your money, property, and finances. Your attorney can manage bank accounts, pay bills, collect benefits or pensions, and even sell your home if necessary. You can choose for this LPA to be used as soon as it is registered, even if you still have capacity, or only if you lose capacity.
Health and Welfare LPA: This covers decisions about your medical treatment, daily routine, care arrangements, and even life-sustaining treatment. Unlike the financial LPA, this can only be used if you lack capacity to make these decisions yourself.
Most people benefit from having both types in place, as they cover different aspects of your life. It’s a common misconception that one LPA covers everything.
Why Set Up an LPA?
Losing capacity isn’t just a risk in old age—accidents, illness, or sudden medical events can affect anyone. By setting up an LPA, you:
Avoid the need for a court-appointed deputy, which is more restrictive and costly.
Choose who acts for you, rather than leaving it to the court.
Provide clear guidance to your attorneys about your wishes.
Give your family peace of mind and reduce the risk of disputes.
It’s important to act while you have capacity. Once capacity is lost, it’s too late to make an LPA, and your family will have to apply to the Court of Protection.
Choosing Your Attorneys: Key Considerations
Selecting your attorneys is a significant decision. Choose people you trust completely, who are reliable, and who understand the responsibilities involved. You can appoint more than one attorney, either to act jointly (together) or jointly and severally (together or independently). You can also name replacement attorneys in case your first choices are unable or unwilling to act.
Think carefully about potential conflicts between attorneys, and whether they have the skills and time to manage your affairs. It’s wise to discuss your wishes with them in advance and provide clear instructions or preferences in the LPA form.
How to Register an LPA: The Process
Complete the official forms: You can do this online or by paper. The forms require details about you, your attorneys, and any preferences or instructions.
Notify certain people: You must notify at least one ‘person to be told’ (such as a family member) that you are registering an LPA, unless you have two certificate providers.
Pay the registration fee: There is a fee for each LPA, but reductions or exemptions are available for those on low incomes or certain benefits.
Wait for registration: The Office of the Public Guardian (OPG) will process your application, which usually takes 8–10 weeks if there are no objections or errors.
A common pitfall is making mistakes on the forms, which can delay registration or invalidate the LPA. Double-check all details and ensure signatures are in the correct order.
Common Pitfalls and How to Avoid Them
Leaving it too late: LPAs can only be made while you have mental capacity. Don’t wait for a diagnosis or crisis.
Choosing inappropriate attorneys: Consider the reliability, trustworthiness, and availability of your chosen attorneys.
Unclear instructions: Vague or conflicting instructions can cause confusion or disputes. Be specific about your wishes.
Not registering the LPA: An unregistered LPA cannot be used. Make sure you complete the registration process.
Assuming one LPA covers everything: You need both types for full protection.
When Should You Act?
It’s wise to create LPAs while you are still in good health, ideally in your 50s or 60s, but there is no minimum age as long as you have capacity. Capacity can be lost suddenly, so early action is best. LPAs are not just for the elderly—they are essential planning tools for anyone who wants to retain control over their future.
Final Thoughts
An LPA is a powerful way to ensure your wishes are respected and your loved ones are spared unnecessary stress. Take the time to set up both types, choose your attorneys carefully, and keep your documents safe and accessible.
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Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.
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