A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (an “attorney”) to make decisions on your behalf if you become unable to manage certain aspects of your life. To make a lasting power of attorney, you must have the capacity to make your own decisions at the time of setting it up.
There are two main types of LPA:
An LPA is a legally binding legal authority that allows your appointed attorney to make certain decisions on your behalf if you lose mental capacity. This means you can plan ahead for situations where you may lose mental capacity to make your own decisions. An ordinary power of attorney is different, as it only applies while you have the mental capacity to make decisions.
Our team at HeirPlan is experienced in handling LPAs. We can help you:
Whether you currently have full capacity or wish to plan for the future, we’ll tailor the LPA to your needs.
There is an application fee to register an LPA, but some people may qualify for reduced LPA costs if they receive certain benefits.
To discuss making an LPA, fill in our Contact Form to request a callback at your convenience.
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You (as donor) appoint one or more attorneys. These attorneys can be family members, close friends, or professionals. The appointed person or persons are legally responsible for acting in your best interests. The LPA becomes active when you can no longer make decisions on your own, that is, if you lack mental capacity. You must be 18 or older and have mental capacity when you sign it. Attorneys are acting on your behalf and must follow your instructions.
You may appoint a spouse or civil partner, adult children, relatives, close friends, professionals like accountants or solicitors, or even a company. Family members are commonly appointed as attorneys, and you can also name replacement attorneys. The person you appoint must be over 18 and not bankrupt. You can appoint more than one attorney, and you can decide whether they must act jointly (make all decisions together) or jointly and severally (make decisions together or separately), depending on your preference.
Your health and welfare attorney (also called a welfare attorney) may consent to or refuse medical treatment, including life sustaining treatment, speak with medical staff, make decisions about residence or care, and manage day-to-day personal choices like diet or daily activities. The welfare attorney can also make decisions about welfare property if relevant. Attorneys must act in your best interests and consider your present wishes. They must also respect any advance decision you have made to refuse treatment.
Your attorney can deal with buying or selling property, managing bank accounts and investments, paying bills or care fees, collecting income or benefits, making repairs, or purchasing necessary items for you. For example, your attorney can manage your money by paying your bills or handling your investments. If specified, the attorney can also manage welfare property.
Yes you can include restrictions or guidance in the document to limit or direct the attorney’s powers. You can specify how attorneys act jointly or separately when making certain decisions.
Yes, as long as you still have mental capacity, you can revoke an LPA entirely or partially. The original document must be returned to the Office of the Public Guardian.
No they are separate documents. The LPA applies only during your lifetime. Lasting powers are legally binding during your lifetime. When you die, your will governs what happens to your estate.
An LPA is proactive: you set it up before capacity is lost. Deputyship is reactive: if you already lack capacity, the Court of Protection must appoint someone to act on your behalf. Social services may be involved if there are concerns about abuse or neglect.
EPAs were used before October 2007 for property & financial matters only. New EPAs (enduring powers) cannot be created, but if an EPA was signed before then, it remains valid. EPAs do not cover health and welfare decisions, only property and financial affairs. EPAs must be registered with the Office of the Public Guardian if there are concerns about your capacity. After registration, the original document is returned to the applicant, and the Office of the Public Guardian provides notification.
