Lasting Power of Attorney: Protecting Your Future Decisions

A Lasting Power of Attorney (LPA) is a powerful way to make sure your wishes are respected if you ever lose the ability to make decisions for yourself. In England and Wales, there are two types of LPA, each designed to cover different aspects of your life.

Types of Lasting Power of Attorney

A Health and Welfare LPA allows someone you trust to make decisions about your daily routine, medical care, moving into a care home, and even life-sustaining treatment. This type of LPA can only be used if you no longer have mental capacity. On the other hand, a Property and Financial Affairs LPA covers decisions about your money and property, such as paying bills, collecting benefits, or selling your home. This LPA can be used as soon as it’s registered, but only with your permission while you still have capacity.

Why You Need an LPA

Having an LPA in place means you get to choose who will make important decisions for you, rather than leaving it up to the court. It brings peace of mind, knowing your affairs will be managed by someone who understands your wishes. For families, it can prevent the stress and cost of lengthy court proceedings. If you run a business, an LPA can also ensure your business continues to operate smoothly if you become unable to manage it yourself.

The Registration Process

To set up an LPA, start by choosing people you trust to act as your attorneys. You’ll need to complete the official forms from the Office of the Public Guardian, making sure everyone signs in the correct order. Once the forms are ready, they must be registered with the Office of the Public Guardian, which usually takes 8 to 10 weeks.

Key Considerations

It’s important to act while you still have mental capacity, as you can’t create an LPA once capacity is lost. The registration fee is £82 per LPA, though reductions are available for those on low incomes. While you don’t have to use a solicitor, some people find it helpful to make sure everything is completed correctly.

Without an LPA, your family would need to apply to the Court of Protection for a deputyship order if you lose capacity. This process is more expensive, takes longer, and can be stressful for your loved ones.

Feel less anxious and more confident:
Caira is your new bestie! 👱🏼‍♀️🌸 Get answers and drafts in seconds for public, family, probate, conveyancing, criminal, employment, medical negligence, commercial and public law. All backed by 10,000 legal documents for England and Wales.

Upload documents, screenshots and photos for even more relevant responses. Free 14 days trial in 1min – no credit card required, afterwards just £15/month on our website. Continue chatting now. https://www.unwildered.com

Disclaimer: This blog post provides general information for educational purposes only. It is not legal advice. Outcomes can vary based on your personal circumstances.