Lasting Power of Attorney | Legal Advice and Advocacy

You can make a lasting power of attorney. This can be someone who you trust to deal with your property, finances, or health and welfare. You must apply for an LPA when you still have the capacity to do so.

People usually appoint more than one person to be an “attorney” for them. This could be beneficial as people have different skills relating to property, money and health. They can act “jointly” where all attorney need to agree to a decision. They can also act “jointly and severally” which means only one attorney can make a decision.

There are two types of LPA: one for financial decisions and one for health decisions.

Lasting power of attorneys replaced enduring power of attorneys in 2007. If you have an EPA, or are acting on behalf of someone who does, it is still valid. An EPA must be registered when the person loses their mental capacity to make decisions.

Age UK provides advice and information about Lasting Power of Attorneys on their website here.

Lasting power of attorney for finance can be used when you still have mental capacity. An LPA for financial decisions covers:

buying and selling property
paying the mortgage
investing money
paying bills
arranging repairs to property.

You can restrict the types of decisions your attorney can make. You can also let them make all decisions on your behalf. This is something you will need to think about when creating an LPA.

If you’re setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. This offers an extra layer of protection.

Lasting power of attorney for health and wellbeing can be used for making decisions about health and welfare when you don’t have the mental capacity. This can be on a temporary or permanent basis.

You should plan ahead and choose who will be your attorney and make decisions on your behalf. An attorney can made decisions about:

where you should live
your medical care
what you should eat
who you should have contact with
what kind of social activities you should take part in.

You can also give permissions for your attorney to make decisions about life-saving treatment.

You can view two videos that explain the process here and here.

You don’t need to use a solicitor to create a lasting power of attorney. There is an online service that helps guide you through the process.

It is free to create your Lasting Power of Attorney online, but it can’t be used until it is registered. There is an £82 application fee to register your Lasting Power of Attorney. This fee could be lowered or waived if you have a low income or get certain benefits.

The Lasting Power of Attorney needs to be signed and witnessed for it to be valid. If you have created your Lasting Power of Attorney online, you will need to print it off so people can sign it. A printed, signed Lasting Power of Attorney needs to be registered with the Office of the Public Guardian before use.

Alzheimer’s Society offers a lasting power of attorney digital assistance service. A trained volunteer can complete the online form on your behalf. You must contact Alzheimer’s Society to access this service, their number is 0333 150 3456.

If you use a solicitor, you will need to pay them to complete the form. The fees for creating an Lasting Power of Attorney vary, so you might want to contact a few and compare their fees.

Lasting Power of Attorney for financial decisions can be used immediately or when you lose mental capacity. But Lasting Power of Attorney for health and wellbeing can only be used when you lose mental capacity.

The Court of Protection can make decisions for people who cannot make decisions for themselves. If you, your friend or relative can apply to the court of protection if they are:

is mentally incapable of managing their own financial or welfare affairs.
has not made an Enduring or Lasting Power of Attorney and is now mentally incapable of doing so.
has assets that need to be used for his or her benefit or administered in some way or has complex welfare decisions that cannot be resolved in any other way.

The Court will make a one-off decision. They could also appoint a Deputy to manage and administer the person's property and financial affairs.