A Lasting Power of Attorney (LPA) is one of the most effective ways to ensure your wishes are respected if you lose the ability to make decisions for yourself. In England and Wales, LPAs are not just for the elderly or those with health concerns—anyone can benefit from putting one in place. Yet, many people misunderstand how LPAs work, when they take effect, and what happens if you don’t have one.
Types of Lasting Power of Attorney
There are two distinct types of LPA, each covering different aspects of your life:
Health and Welfare LPA:
This allows your chosen attorney(s) to make decisions about your daily routine, medical care, moving into a care home, and even life-sustaining treatment. Importantly, this LPA can only be used if you lose mental capacity. Until then, you remain in control.
Property and Financial Affairs LPA:
This covers decisions about your money and property, such as paying bills, managing bank accounts, collecting benefits, or selling your home. Unlike the Health and Welfare LPA, this can be used as soon as it’s registered, but only with your permission while you still have capacity. If you lose capacity, your attorney can act without your input.
Why You Need an LPA
Many people assume their spouse or children can automatically step in if they become unable to manage their affairs. In reality, without an LPA, your family would need to apply to the Court of Protection for a deputyship order—a process that is more expensive, takes longer, and can be stressful for everyone involved.
Having an LPA in place means you choose who will make important decisions for you, rather than leaving it up to the court or local authority. This brings peace of mind, knowing your affairs will be managed by someone who understands your wishes and values. For business owners, an LPA can also ensure your business continues to operate smoothly if you become unable to manage it yourself.
The Registration Process
Setting up an LPA involves several steps:
Choose your attorneys: Pick people you trust, and consider appointing more than one in case someone is unable to act.
Complete the official forms: These are available from the Office of the Public Guardian (OPG). Make sure everyone signs in the correct order—mistakes here are a common reason for rejection.
Notify people: You can name people to be notified when the LPA is registered, which adds a layer of protection.
Register the LPA: Send the completed forms to the OPG. Registration usually takes 8 to 10 weeks, but can take longer if there are errors or objections.
Pay the fee: The standard fee is £82 per LPA, but reductions or exemptions are available for those on low incomes or certain benefits.
Key Considerations and Common Pitfalls
Act early: You must have mental capacity to create an LPA. If you wait too long and lose capacity, it’s too late—your family will have to apply for deputyship.
Be clear about instructions and preferences: You can include guidance for your attorneys, but be careful—overly restrictive instructions can make the LPA unworkable.
Joint or joint and several attorneys: Decide whether your attorneys must act together (jointly) or can act independently (jointly and severally). Joint appointments can cause problems if one attorney becomes unable to act.
Foreign assets: If you own property or accounts abroad, an English LPA may not be recognised in other countries. Consider local legal advice for overseas assets.
Business interests: If you run a business, you may need a separate LPA for business affairs, as personal and business decisions can conflict.
What Happens Without an LPA?
If you lose capacity without an LPA, your family cannot simply step in. They must apply to the Court of Protection for a deputyship order, which is more expensive, takes longer, and gives the court more ongoing control over your affairs. This can be distressing for loved ones and may result in someone you wouldn’t have chosen managing your affairs.
Practical Tips
Double-check all signatures and dates before sending your forms.
Keep your attorneys and family informed about your wishes.
Store your registered LPA safely, and let your attorneys know where to find it.
Review your LPA every few years to ensure it still reflects your wishes and circumstances.
Feel less anxious and more confident:
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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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