posted 31st May 2024
Arranging a Lasting Power of Attorney (LPA)
While it might not be something people want to think about, a lasting power of attorney can be important for those who may not be able to communicate their wishes in the future. This guide explains what a lasting power of attorney is, the different types, and how to arrange one successfully.
What is a Lasting Power of Attorney?
A lasting power of attorney (LPA) is a legal document that allows an individual (known as the "donor") to appoint one or more people (the "attorney/s") to make decisions on their behalf. This is done if the donor loses the mental capacity to make these decisions in the future. LPAs are essential for ensuring their personal, financial, and health-related affairs are managed according to their wishes - even if they cannot communicate those wishes themselves.
Lasting Power of Attorney Types
In the UK, there are two lasting power of attorney types. These are:
• Property and financial affairs: This type of LPA gives the attorney the authority to make decisions about the donor's financial matters. Manage bank accounts, pay bills, collect benefits or pensions, sell property - all of this can be covered. With the donor's consent, it can be used as soon as it's registered.
• Health and welfare: This LPA allows the attorney to make decisions regarding the donor's healthcare and personal welfare. Decisions made revolve around medical treatment, moving into a care home, and life-sustaining treatment. A health and welfare LPA can only be used when the donor is no longer able to make their own decisions.
Steps to Arrange a Lasting Power of Attorney
1. Choose your attorney(s)
Before anything else, the first step is to select one or more attorneys. As they will gain significant control over your affairs, any individuals you consider should be trusted completely. Family members are the common route, but friends and professionals - such as solicitors - can also be chosen.
2. Complete the LPA forms
Next, you need to complete the appropriate LPA forms. These can be obtained from the UK Government website link below:
https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney
Each type of LPA has its own form. Make sure you fill in the correct one. Additionally, the forms require detailed information about you (the donor), your attorneys, and any specific instructions or preferences you want to include.
3. Sign the forms
The LPA forms must be signed by you (the donor) and your attorney(s). It is also necessary to have a certificate provider, which is an independent person who confirms that you understand the LPA and are not under any pressure to sign the document.
4. Notify people
Before registering, you must notify certain people you are taking these steps with an LPA. These are called "named persons" and are people who should be informed about the LPA, although they don't have any legal powers or responsibilities.
5. Register the LPA
An LPA must be registered with the Office of the Public Guardian before it can be used. This involves sending the completed forms to the OPG - along with the registration fee. The fee is currently £82 per LPA, although reductions and exemptions are possible. You may need to wait up to 20 weeks for an LPA to be registered.