Everything you need to know about Lasting Power of Attorney 

Ideally, everyone should have a Lasting Power of Attorney – also known as an LPA. It’s a document you should put into place as soon as possible, because it governs what happens to you – both in terms of your finances and your health – if you lose the capacity to make your own decisions. Of course, this could happen at any time, but it becomes more likely as you get older, and certainly if you receive certain health condition diagnoses which may inhibit your capacity in the future.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint trusted people – known as your attorneys – to manage your affairs and make decisions on your behalf when you need help, or when you are unable to make those decisions yourself.

The reason we are encouraged to make an LPA is because it records our wishes – both for our health and treatment, and for our financial arrangements. Without it, people may be able to make decisions that are not in line with what you want.

Most people are advised to take out two Lasting Powers of Attorney – one for health and welfare, and one for property and financial affairs. You don’t have to do this – you can just do one or the other – but it is advisable to do both.

How do I make a Lasting Power of Attorney?

You can make a Lasting Power of Attorney online, or you can fill in paper forms. Once you have filled the forms in, and they have been signed by all the relevant people, you need to register your LPA with the Office of the Public Guardian. It normally costs £82 for each LPA you register. The Office of the Public Guardian holds your LPA until it is needed, at which point your attorneys need to inform the Office and they will make appropriate checks to ensure the need is genuine. This helps to protect you from attorneys who might take advantage of the powers given to them.

The LPA can be changed or cancelled at any time, as long as you are able to make an independent decision to do so. You can then make a new LPA if you need to.

Choosing your attorney

It’s important that you think carefully about who you trust to make decisions on your behalf. People often choose family members – a spouse or partner for example, or children. You can also appoint a professional attorney, such as your solicitor or accountant. You can also appoint more than one attorney. If you do this, you have two options. You can either have attorneys who operate ‘jointly and severally’ which means they can make decisions together or independently, or just ‘jointly’ which means they must agree on a decision before it is implemented.

Choose attorneys who you know will make decisions in your best interests, and talk to them before you fill in the form – they will need to agree to be attorneys, understand the responsibilities and be prepared to take potentially difficult decisions on your behalf.

If you are considering moving to a care home – or you are helping a relative make that move – you should have a Lasting Power of Attorney on your to-do list. And why not make sure you have one for yourself at the same time?