Why you need a Lasting Power of Attorney

Thinking about what happens if you cannot make decisions for yourself is not easy, but making a Lasting Power of Attorney (LPA) is one of the most practical ways to protect your future. An LPA lets you choose who can deal with your finances or health and welfare if you lose mental capacity, or if you want someone to act on your behalf while you are still able. Here we explain the types of LPA, why you need one and how to set one up in England and Wales.

What is a Lasting Power of Attorney?

An LPA is a legal document that gives one or more people the authority to make decisions for you. It is about your life while you are alive, not about what happens when you die. You choose the people you trust, and you can put limits on what they can and cannot do.

The two types of LPA

• Property and financial affairs LPA, which covers paying bills, managing bank accounts, selling property and other financial matters.
• Health and welfare LPA, which covers decisions such as medical treatment, where you live and day to day care. This type only applies if you lack the mental capacity to make those decisions yourself.

Why you need an LPA

Without an LPA, if you lose the ability to make decisions, your family may have to apply to the Court of Protection to be appointed as your deputy. That process takes time, is intrusive and can be costly. An LPA avoids that uncertainty by putting your choices in writing now.

• You choose who makes decisions - you can appoint a partner, family member, friend or a professional.
• You set limits and instructions - you can restrict powers, add conditions or give guidance on how decisions should be made.
• Quicker and less stressful for loved ones - your chosen attorneys can act without delay once the LPA is in force and registered.
• Protects your finances and welfare - ensures bills are paid and that health and care choices follow your wishes.

How to set up an LPA in England and Wales

Setting up an LPA involves a few clear steps. You must be 18 or over and have mental capacity when you sign the document. The main steps are:

1. Choose your attorneys and any replacements. Decide whether they should act jointly, or jointly and severally, and whether they can act straightaway or only when you have lost capacity.
2. Complete the correct LPA forms, available from the Office of the Public Guardian. You can find detailed guidance on gov.uk.
3. Have the forms signed by a certificate provider and by the chosen attorneys.
4. Register the LPA with the Office of the Public Guardian. There is a registration fee of £82 per LPA. Registration must be completed before your attorneys can use the LPA.

Registration times can vary, so it is sensible to allow several weeks for the Office of the Public Guardian to process the application. You can submit the application yourself or ask a trusted adviser to help.

Practical tips when choosing attorneys

• Pick people you trust and who understand your values. You can appoint more than one attorney and name replacements.
• Consider whether to allow decisions to be made jointly or whether any one attorney should be able to act alone. Joint decision making can reduce risk but may slow things down.
• Think about safeguards such as requiring two attorneys to sign or asking for annual accounts.
• Tell family and professionals where your registered LPAs are kept and give copies to your attorneys so they know their responsibilities.

LPA, Wills and funeral wishes

An LPA covers your life, while your Will deals with what happens after you die. They work together as part of good estate planning. You can record funeral wishes in your Will or in a separate letter of wishes to help your family at what will be a difficult time.

If you need help preparing your Will at the same time as an LPA, we offer clear guidance and simple online options. See our Will writing and online Will pages for more details.

If you would like expert help making an LPA, our LPA team can guide you through the choices and the registration process. You can also contact us directly at our contact page to arrange a call or appointment.

Planning for the future is an act of care for those you love. An LPA gives you control and peace of mind, so your wishes are respected and your family are protected from unnecessary delays and costs.

Need other estate planning help? We can also advise on trusts and what happens after someone dies, including probate matters.

To get started, visit our Lasting Power of Attorney service page or call us through the contact page.