Lasting Power of Attorney (LPA) are a legal document that allow you to appoint someone who you trust such as a family member, friend or Solicitors as your Attorneys. The LPA gives the Attorneys the legal authority to make decisions on your behalf if you lose mental capacity or are no longer able to make decisions for yourself.
What are the different types of LPA?
Property and Finance LPA which allows your Attorneys to manage tasks such as:
- Paying bills
- Managing bank accounts
- Collecting benefits or pensions
- Selling your property
The LPA can be used whilst you still have capacity with your authority to do so or the document can specify that it should only be used if you lose capacity.
Health and Welfare LPA which allows your Attorneys to make decisions about:
- Medical treatment
- Care homes
- Daily tasks such as washing, eating and cleaning
- Life- sustaining treatment
- Access to medical records
The Health and Welfare LPA can only be used if you lose mental capacity and decisions regarding life-sustaining treatment and disclosure of medical records can only be made if you give your Attorneys authority to do so.
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Why should I make a LPA & When should I put it in place?
To give effect to your wishes as to who should make decisions on your behalf if you are unable to make decisions for yourself.
To provide peace of mind for yourself and your loved ones, by knowing that should the unexpected happen you have the correct legal paperwork in place so that your trusted attorney’s can step in and help you.
It is best to make power of attorney as soon as possible, as they need to be registered with the Office of the Public Guardian (OPG) before they can be used, and this process takes a number of weeks.
Who should put a Lasting Power of Attorney (LPA) in place?
- Anyone over 18 – It’s a common misconception that you should only do this later in life. Once you turn 18, no one has an automatic legal right to make decisions for you if you lose capacity, even parents.
- People who own property, savings, or investments – Without an LPA, if you lose capacity bank accounts can be frozen and property transactions delayed until a deputy is appointed by the Court of Protection.
- Business owners or company directors – Consideration can be given in an LPA to allow trusted individuals to manage business finances and keep things running if you are unable to act.
- Couples (married or unmarried) – It’s a common myth this is automatic, a spouse or partner cannot automatically access accounts or make financial decisions without an LPA in place.
- Parents and carers planning for the unexpected – An LPA helps ensure continuity of care and financial management if you become ill or incapacitated.
An LPA ensures people that you choose can make decisions for you if you lose capacity — without court delays, extra cost, or uncertainty.
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Who can be an attorney and how many attorneys do I need for my LPA?
Who can be an attorney?
- Anyone over the age of 18 who has mental capacity can be an Attorney, e.g. a family member, friend or professional.
- The Attorney must understand their responsibilities of becoming an Attorney.
- You must appoint an Attorney who you can trust.
- Someone who is bankrupt cannot act as an Attorney for the Property and Finance LPA.
How many attorneys do I need?
- You can appoint as many Attorneys as you wish, it is common to have between 1 and 4 Attorneys.
- It is advisable not to have too many Attorneys and they must be able to work well with one another to make decisions.
- You can appoint Replacement Attorneys who can step in to act if one or all of the original Attorneys cannot act.
What happens if either I or one of my attorneys moves home – do I need to change my LPA?
If any party does need change their correspondence address there is no fee payable, you must however inform the Office of the Public Guardian by sending a letter which details the change. The LPA is still valid and there is no need to create new LPAs, you should simply inform the OPG and any other institutions which hold copies of the LPA if the document is in use.
You should also let your Solicitor know so they can keep a note with any original documents.
You only need new LPAs if you wish to change your Attorneys, change how they act or make any changes to your instructions and preferences.
What are the risks if I don’t have a valid LPA in place?
An LPA can only be put in place if you have the mental capacity to do so.
If you lose mental capacity without LPAs, then somebody will need to apply to the Court of Protection, to be appointed to make decisions on their behalf.
This is a Deputyship application which takes several months and is costly, adding stress to those closest to you.
Contact our specialist Lasting Power of Attorney Solicitors today for Advice
At Thornton Jones Solicitors our expert private client team can guide you through every step of preparing and registering a Lasting Power of Attorney by:
- Explaining the different types of LPAs and what each covers
- Helping you choose the right attorney(s) and ensuring they understand their duties
- Preparing the legal documentation clearly and correctly
- Completing and submitting the application to the Office of the Public Guardian
- Advising on registration and what happens next
Preparing an LPA is one of the most important steps you can take for your future planning. Get in touch with our friendly and helpful team to talk through your options and ensure your affairs are protected well in advance. If you need assistance or advice you can contact our team today on 01924 290 029 or contact us using our online enquiry form.
Lasting Power of Attorney FAQs
A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more trusted individuals (known as “attorneys”) to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions yourself. There are two types of LPA: one covering property and financial affairs, and another covering health and welfare.
It is advisable to set up a Lasting Power of Attorney while you still have full mental capacity, as it cannot be created once capacity is lost. Putting an LPA in place early ensures that your affairs can be managed smoothly in the future and avoids the need for a potentially lengthy and costly application to the Court of Protection.
If you lose mental capacity without a valid Lasting Power of Attorney in place, your loved ones will not automatically have the legal authority to make decisions on your behalf. Instead, they may need to apply to the Court of Protection to be appointed as a deputy, which can be time-consuming, expensive, and stressful during an already difficult period.
The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
Lasting Power of Attorney Solicitors
Lasting Power of Attorney Solicitors in Wakefield
1 Burton Street
Wakefield
WF1 2GF
Lasting Power of Attorney Solicitors in Garforth
99 Lidgett Lane
Garforth
Leeds
LS25 1LJ
Lasting Power of Attorney Solicitors in Ossett
Ossett
WF5 8PS
Lasting Power of Attorney Solicitors in Sherburn in Elmet
Sherburn in Elmet
Leeds
LS25 6EA
