With a Lasting Power of Attorney (LPA) in place, you are safeguarding your wishes if you ever lose the ability to make decisions yourself. It protects your independence, and gives your loved ones the clarity and confidence to make decisions if you cannot.
Do not leave it until it is too late.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney allows you (the “donor”) to appoint one or more trusted people (the “attorneys”) to make decisions on your behalf. This may become necessary if you experience illness, a serious injury or a condition such as dementia that affects your decision-making ability.
Most importantly, you must create your LPA while you still have mental capacity. This means you need to understand what the LPA is and what it allows your attorneys to do.
Read more: Testamentary Capacity
Once registered, the LPA can take effect immediately with your permission, or only when you can no longer make decisions for yourself, depending on the type of LPA.
The Two Types of Lasting Power of Attorney
You can choose to make one or both types of Lasting Power of Attorney. Many people opt to create both to ensure coverage of the full range of their personal, health and financial affairs.
1. Property & Finance
- Allows your attorney manage your finances and property
- Includes matters such as paying bills, managing bank accounts, selling property or handling investments
- Is usable as soon as you register, as long as you give consent
2. Health & Welfare
- Allows your attorney to make decisions about your personal welfare
- Includes matters such as daily care routines, medical treatment and moving into a care home
- Is only usable when you are no longer able to make decisions yourself
These are separate legal documents and you must complete and register them individually.
Who Can Be an Attorney?
Attorneys must be at least 18 years old and have the mental capacity to make decisions. You can choose:
- A family member
- A close friend
- Your spouse or partner
- A professional, such as a solicitor
You may appoint more than one attorney. In this case, you must decide how they will act:
| Jointly | All attorneys must agree on every decision |
| Jointly and Severally | Attorneys can act together or independently |
| Combination | Attorneys can make some decisions jointly, while making others separately |
Choosing the Right Attorney
The person you choose to act as your attorney should be someone you trust completely. Think carefully about whether they:
- Are responsible and reliable
- Will respect your wishes and values
- Have the time and energy to support you
- Are confident handling the types of decisions you might face
You can also name replacement attorneys. They will take over if one of your original attorneys can no longer act.
How to Make a Lasting Power of Attorney
Creating a Lasting Power of Attorney is straightforward when you follow the correct steps:
1. Choose Your Attorneys
- Consider their age, health and ability to act if needed
- Consider how well they manage their own affairs
2. Complete the Forms
- Available online via the GOV.UK website or in paper format
- You may complete them yourself or seek help from someone you trust or a solicitor
3. Sign the Forms Correctly
- You (the donor) sign first
- A certificate provider signs next
- Attorneys sign last
- All signatures must be witnessed, and the order must be followed precisely
4. Register Your Lasting Power of Attorney
- Send the signed forms to the Office of the Public Guardian (OPG)
- Processing takes around 8 to 10 weeks if everything is correct
What is a Certificate Provider?
A certificate provider is a safeguard to ensure you are making the Lasting Power of Attorney by choice and with full understanding. They must:
- Be over 18 years old
- Either know you personally for two or more years, or be a professional such as a doctor or solicitor
- Not be an attorney, a family member or someone who stands to benefit from the LPA
Their role is to confirm that someone has not pressured you into signing and that you understand the consequences.
How Much Does It Cost?
Each Lasting Power of Attorney registration costs £82. The total is £164 for both types of LPA (Property & Finance and Health & Welfare). You may qualify for:
- A 50% discount if your income is under £12,000
- A fee reduction if you are receiving certain State benefits, such as Universal Credit
Can You Change or Cancel a Lasting Power of Attorney?
Yes.
If you still have mental capacity, you can:
- Remove an attorney using a partial deed of revocation
- Cancel the entire Lasting Power of Attorney using a full deed of revocation
Send the revocation and the original LPA document to the Office of the Public Guardian. It is also wise to inform your attorneys in writing. If an attorney no longer wishes to act, they can resign by writing to you and the OPG.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK laws and regulations are subject to change. Please speak to a professional for advice tailored to your individual circumstances. Will Guardian accepts no responsibility for any issues arising from reliance on the information provided.