What is a Lasting Power of Attorney?

Planning for the future is an essential part of ensuring that your wishes are respected, particularly when it comes to decisions about your health, finances, and wellbeing.
One of the most important legal documents you can create is a Lasting Power of Attorney (LPA).

LPA is a legal document that allows you to appoint someone to make decisions on your behalf if you become unable to do so yourself. There are two types of LPA – one for Health and Welfare decisions and one for Property and Financial Affairs. Each type of LPA gives someone you trust the legal authority to make decisions about different aspects of your life if you’re no longer capable of making those decisions yourself.

Here, we answer some questions our clients often ask about LPAs:

Who can act as an LPA?
The person (or people) you appoint as your LPA are known as ‘attorneys’ and will have significant control over your health and financial decisions, should you lose capacity to make decisions. They can be a family member, friend, or professional, such as an accountant or doctor, but they must be over 18, have mental capacity and must not be bankrupt.

It’s vital that you choose someone trustworthy and capable. A solicitor can help guide you through this important decision, ensuring you understand the implications of appointing each attorney and advising you on the best approach for your individual situation.

Is an LPA for older people?
It’s a common misconception that you don’t need to draw up an LPA until you’re older or retired. Unfortunately, ill health and accidents can occur at any time of life, so an LPA is an invaluable document for any adult to have in place, to ensure trusted individuals can manage their affairs if there ever comes a time when they are unable to do so.

That said, older people are at higher risk of health issues that can affect decision-making, such as dementia and strokes, so it is especially strongly advised for senior individuals.

When does an LPA become active?
An LPA for Health and Welfare can only be used once someone loses mental capacity and needs a representative to make decisions about their healthcare and medication.

An LPA for Property and Financial affairs can be used while you still have mental capacity and the appointed attorney can make decisions about selling your home, arranging repairs, or paying your mortgage and bills. However, you must choose this option when you set up your LPA.

Can I change or cancel my LPA?
Yes, you can revoke or amend your LPA, as long as you have mental capacity. If you no longer wish to have a particular attorney or want to make changes, a solicitor can help you with the process.

Is it expensive to set up an LPA?
There is a flat fee of £82 to register an LPA, although there are discounts and exemptions for those on a low income and receiving certain income-related benefits.

Your solicitor will also charge a fee to handle the process for you, ensuring you select appropriate attorneys and that your LPA complies with legal requirements. An LPA is a worthwhile investment in safeguarding your future and ensuring your best interests are taken care of should the time ever come when you are no longer able to make decisions for yourself.

What happens if you don’t have an LPA?
Without an LPA, the court may appoint an attorney you would not have chosen. Loved ones can apply for a court-appointed deputyship, but this can be a lengthy, stressful and expensive process. Healthcare decisions may be made by medical professionals without knowing your preferences, and input from family could be limited.

Overall, the risk is that decisions that do not align with your preferences could be made about your care and affairs at a time when you are most vulnerable, going against your wishes and causing stress for family and loved ones.

We provide a personalised, supportive service for clients who are looking to set up an LPA. Our team of friendly, dedicated solicitors will explain anything you need to know, helping you to navigate the process, ensuring your LPA is set up properly and accurately.

We take the time to understand your individual needs and guide you in choosing the right attorneys, as well as drafting a document that reflects your wishes.

We know that thinking about the future can be overwhelming, but having an LPA in place provides you with peace of mind, knowing that your health, finances, and wellbeing will be in trusted hands if you ever need assistance.

Talk to one of our friendly team today about LPA. We can also advise on Wills and Probate.