A Lasting Power of Attorney (LPA) is a document which allows you to appoint people you trust (“attorneys”) to help you make decisions or to make decisions on your behalf. If you do not make an LPA and you lose mental capacity, whether through illness or an accident, the only way someone can look after your financial affairs is to apply to the Court of Protection for a Deputyship. Please see Deputyship Orders.
There are two LPA’s:
- Property and Financial
- Health and Welfare.
LPA’s must be registered with the Office of the Public Guardian before they can be used by an Attorney. Please see https://www.gov.uk/power-of-attorney/overview
It is very important to carefully consider who to appoint to be your attorneys. There is no limit on how many attorneys you can appoint, but you must completely trust your attorneys to act in your best interests and feel confident that your attorneys will agree and cooperate with each other.
We can draft your LPA and act as “Certificate Provider” – this means we can certify that as your solicitor we believe you have mental capacity and are making the LPA of your own free will.
Once your LPA for Property and Financial Affairs has been registered your attorneys may act for you straight away. However, your attorneys must assume you can make your own decisions and help you to make your own decisions. It is only when someone loses the mental capacity to make their own decisions that the attorneys can step in and make decisions on their behalf. Please see https://www.gov.uk/lasting-power-attorney-duties
The rules for the Health and Welfare LPA are different; your attorneys may only make decisions for you when you are no longer able to do so. Please see https://www.gov.uk/lasting-power-attorney-duties