What is a Lasting Power of Attorney (LPA)? .

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust as an 'attorney' – a friend, family member or professional – to make decisions on your behalf if you lose the capacity to do so yourself.

There may come a time when, because you are incapable of managing your property and financial affairs or personal welfare, you will need someone to do this for you. This is why it is important to have an LPA in place.

There Are Two Types of LPA’s:

• Property and Financial Affairs LPA – covers decisions about your finances, such as managing bank accounts, paying bills or selling your home.
• Health and Welfare LPA – covers decisions about your care, daily routine, medical treatment, and where you live.

LPA’S in England and Wales have no legal standing until it is registered with the Office of the Public Guardian. It can be drawn up at any time whilst you have the  capacity to do so, but it has no legal standing until it is registered with the Office of the Public Guardian.

A registered LPA can, unless the document states differently, be used at any time, whether you have the mental ability to act for yourself or not.

Why Make a Lasting Power of Attorney? 

There may come a time when you're unable to make decisions due to an illness, accident or age-related conditions. Creating an LPA ensures that your chosen attorney(s) can legally act in your best interests – avoiding delays, uncertainty or court involvement later.

Without an LPA in place, your loved ones may have to apply to the Court of Protection to make decisions on your behalf, which can be time-consuming and costly.

When Does an LPA Take Effect? 

• An LPA can be registered as soon as it's completed.
• Once registered, a Property and Financial Affairs LPA can be used immediately or only if you lose capacity, depending on your instructions.
• A Health and Welfare LPA can only be used if you lack capacity to make decisions yourself.

How Many People Should You Appoint and Whom?

You may not be able to check up on the attorney yourself if you become incapable, so it may be a good idea to appoint more than one person to help prevent abuse of the responsibility. Choose people you can trust to act in your best interests. You should consider how well they look after their own financial affairs and whether you can trust them to use your money to meet your needs.

Depending on the complexity of your property and financial affairs it may be a good idea to get advice from a solicitor before making an LPA.

You can get further advice from the Office of the Public Guardian about making an LPA.

Registering an LPA

Either you or your attorney can apply to the Public Guardian to register your LPA. The application can be made at any time after you have made an LPA.

Before the application to register the LPA is submitted, the people named as being entitled to receive notification of the application must be told by the person who wants to register it.

The Public Guardian will give notice that the application has been received to:

• You as the donor
• The attorney or attorneys

Your relatives will not be notified of the application to register the LPA unless you have named them as being persons who should be given notice. Anyone who has been notified can object to the LPA being registered. Once the LPA is registered it continues indefinitely.

What About Enduring Power of Attorney (EPA)?

Enduring Powers of Attorney (EPA) were replaced by Lasting power of attorney (LPA) on 1st October 2007.

However:

• Existing EPAs made before that date are still valid.
• They only cover financial decisions, not health or welfare.
• An EPA must be registered when the donor starts to lose mental capacity.
• You can still make a Health and Welfare LPA to sit alongside a valid EPA

Cancelling powers of attorney

Lasting power of attorney (LPA)

You can cancel your LPA if you have the mental capacity to do so. If there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make a decision.

A Property and Affairs LPA is revoked if you or your attorney becomes bankrupt; bankruptcy does not terminate a Personal Welfare LPA.

Enduring power of attorney (EPA)

You can cancel an unregistered EPA if you have the mental capacity to do so, without applying to the Court of Protection.

To cancel a registered EPA you must show the Court of Protection:

• that you understand who the attorney is and what powers they have
• that you understand the effect of the cancellation
• why the EPA needs to be cancelled
• An EPA is revoked if you or the appointed attorney becomes bankrupt.

Please Note: that the information contained in this section relates to our current understanding of the law of England & Wales as it relates to Lasting Power of Attorney which is subject to change. Laws in other parts of the UK will differ.