Nobody wants to contemplate a time when we cannot manage our own affairs, but planning for that possibility is one of the most valuable steps you can take for yourself and your family, and it is the reason people turn to lasting power of attorney solicitors.
A lasting power of attorney, usually shortened to LPA, allows you to choose now who would make decisions on your behalf if you became unable to make them yourself. Without one, your loved ones would have no automatic right to step in, however close they are to you. This article explains what an LPA is, the two types available, how one is made and registered, and why professional advice matters.
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What Is A Lasting Power Of Attorney?
An LPA is a legal document, made under the Mental Capacity Act 2005, in which you, as the donor, appoint one or more people you trust, known as your attorneys, to make decisions for you. LPAs have to be registered with the Office of the Public Guardian for it to take effect, and your attorneys are legally bound to act in your best interests at all times.
It is a common misconception that a spouse, civil partner, or adult child can automatically deal with your bank, your pension provider, or your doctors if you become unwell. They cannot. Joint accounts are frequently frozen when one holder loses capacity, and without an LPA your family would need to apply to the Court of Protection for a deputyship order. That process is slower, more expensive, and more stressful than an LPA made in good time.
Are There Different Types Of LPA?
Yes, there are two types of LPA, and most people are well advised to make both. A property and financial affairs LPA covers decisions about money and property, including operating bank accounts, paying bills, managing investments and, if necessary, selling your home. If you wish, it can be used with your consent while you still have capacity, which many people find useful in later life, for example if mobility makes visiting the bank difficult.
A health and welfare LPA covers decisions about your care and medical treatment, including where you live, your daily routine and, if you choose to give the authority, decisions about life-sustaining treatment. Unlike the financial LPA, it can only ever be used once you have lost the capacity to make the relevant decision yourself.
How Is An LPA Made And Registered?
When making an LPA, you start by choosing your attorneys. You may appoint more than one, and if you do you must decide whether they must act together on every decision or can act independently. You can name replacements in case an attorney becomes unable to act. You can also include instructions and preferences to guide them.
The document must be certified by an independent person, known as the certificate provider, who confirms that you understand the LPA and are under no pressure to make it. It is then registered with the Office of the Public Guardian, which charges a relatively modest registration fee. Registration typically takes several weeks, which is a further reason not to leave matters until a crisis.
Why Use Lasting Power Of Attorney Solicitors Rather Than Doing It Yourself?
While it may be possible to complete the LPA forms without professional help, errors are common, and can delay the process considerably.
Applications are regularly rejected for mistakes in signing and witnessing, which wastes the fee and months of time, and poorly thought-out appointments and instructions can render an LPA unworkable at exactly the moment it is needed. A Lasting Power of Attorney solicitor will ensure the document is valid, help you think through who to appoint and on what terms, advise on safeguards where family circumstances are complicated, and act as certificate provider where appropriate. Where there is any question over capacity, a solicitor will also ensure the position is properly assessed and recorded, which protects the LPA from challenge later.
At Johnson Astills, LPAs are prepared by our wills and probate team. We take particular care with clients facing a recent diagnosis, where acting promptly and sensitively makes all the difference.
What If You Already Have An Enduring Power Of Attorney?
Enduring powers of attorney, the predecessor to LPAs, could not be made after 1 October 2007, but one validly made before that date remains effective for property and financial decisions. It must be registered with the Office of the Public Guardian when the donor is becoming, or has become, mentally incapable. An EPA never covers health and welfare decisions, so many people with an older EPA choose to make a health and welfare LPA and a property and financial decisions LPA alongside it. We can review any existing document and advise whether it still meets your needs.
Taking The Next Step
Making an LPA is straightforward when it is done in good time, and most clients tell us their only regret is not doing it sooner. To arrange an appointment with our wills and probate team a call us free now on 0800 059 0600 or complete a Free Online Enquiry and a member of the team will get back to you soon.
We will explain your options clearly, prepare documents tailored to your wishes, and handle the registration for you from start to finish.
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