Louise Greer LL.B Maidenhead Solicitor & Cookham Solicitor

Lasting Power of Attorney

This page is intended to explain briefly what a Lasting Power of Attorney (LPA) is, what different types of LPA can be created, the process of creating an LPA and to direct you to other pages of interest on the Internet that will help you decide if this is something you need.

What is an LPA ?

A Lasting Power of Attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf in various circumstances. For example if you are away on holiday and need some financial matter attended to in your absence or you lose mental capacity at some point in the future or if you simply no longer want to make decisions for yourself.

What types of LPA are there ?

There are two types of LPA:

Property and Financial Affairs
This can be used while you still have mental capacity and you can state that you wish it to continue if you lose capacity.

An LPA for financial decisions can cover things such as:
1. Buying and selling property
2. Paying the mortgage
3. Investing money
4. Paying bills
5. Arranging funds for repairs to property
You can restrict the types of decisions your attorney can make, or let them make all decisions on your behalf.

If you are 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. This offers you an extra layer of protection. These details can be sent to your solicitor or a family member if you lose capacity.
Health and Welfare
This covers health and care decisions and can be used if you have lost mental capacity. An attorney can generally make decisions about things such as:
1. Where you should live if you need assistance
2. Your medical care
3. What you should eat
4. Who you should have contact with
5. What kind of social activities you should take part in
You can also give special permission for your attorney to make decisions about withdrawing life-saving treatment.

If you are married or in a civil partnership, you may have assumed that your spouse would automatically be able to deal with your bank account and pensions, and make decisions about your healthcare, if you lose the ability to do so. This is not the case. Without an LPA, they won't have the authority.

What are the steps to create an LPA ?

An LPA is a powerful and important document and consequently there is a carefully controlled process both to create and register the document with the Office of the Public Guardian. This process is designed to protect you, the Donor and to ensure that your instructions are carried out correctly and in accordance with your wishes.

There is a strict order in which the LPA is completed and signed by you (the Donor), the "Certificate Provider" (someone the Donor has known for at least 2 years or someone with relevant professional skills to assess their capacity such as a Solicitor, a Doctor, Financial Adviser or a Nurse) and your chosen attorney(s). The strict ordering is a mechanism to ensure that you have the final "sign off" on the document.

NOTE. An LPA only comes into force following registration at the Office of the Public Guardian. You can choose to have the LPA registered immediately on completion or whenever you wish - there is a fee payable on registration (currently £82.00).

Useful links to further LPA information

Make, register or end a lasting power of attorney - Gov.UK

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