Welcome to our frequently asked questions guide on Lasting Power of Attorney (LPA), your key to future-proofing crucial aspects of your life. In this FAQ, we address common queries to empower you in understanding and navigating the essentials of an LPA.

Let’s make understanding LPA straightforward and accessible.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you to appoint someone (known as an attorney) to make decisions on your behalf if you become unable to do so due to mental incapacity.

Why is LPA important?

An LPA ensures that your affairs are managed by someone you trust if you lose the capacity to make decisions. It provides clarity and control over your personal, health, and financial matters.

What are the types of LPA?

There are two main types of LPA:
– Property and Financial Affairs LPA: Authorises your attorney to manage your finances.
– Health and Welfare LPA: Grants authority over medical treatment, living arrangements, and other personal welfare decisions.

Who can create an LPA?

Anyone aged 18 or over with mental capacity can create an LPA. It’s advisable to create one while you’re still in good health to ensure your wishes are known and respected.

How is an LPA created?

To create an LPA, you need to fill out the appropriate forms and register them with the Office of the Public Guardian (OPG). You can seek legal advice for assistance in completing the forms correctly.

Who can be appointed as an attorney?

You can appoint anyone you trust to be your attorney, including family members, friends, or professionals. They should be willing and capable of making decisions in your best interest.

Can more than one person be appointed as an attorney?

Yes, you can appoint multiple attorneys, either to act jointly, severally, or a combination of both. Clearly define their roles and responsibilities in the LPA document.

When does an LPA come into effect?

An LPA for Property and Financial Affairs can come into effect as soon as it’s registered, with your consent. The Health and Welfare LPA, however, only becomes active if you lack the mental capacity to make decisions.

Can an LPA be revoked or amended?

Yes, you can revoke or amend an LPA as long as you have the mental capacity to do so. Any changes must be registered with the OPG.

What if I don’t have an LPA?

If you lose mental capacity without an LPA, decisions about your welfare and finances may be subject to the Court of Protection. Creating an LPA ensures your preferences are respected and reduces the burden on your loved ones.

How much does it cost to make an LPA?

Visit our costs page for details of our Lasting Power of Attorney (LPA) fees.

We offer 10% off our Lasting Power of Attorney fees when you also make a Will.