Learning about Lasting Power of Attorney (LPA)

Planning ahead is one of the most important steps you can take to protect your future. We all hope to manage our own affairs throughout life, but illness, age or unexpected circumstances can sometimes affect our ability to make decisions. A Lasting Power of Attorney (LPA) helps ensure that the people you trust can support you when you need it most.

Why choosing an attorney matters

A Lasting Power of Attorney is a legal document that allows you to appoint someone to make decisions on your behalf if you lack capacity. Many assume a spouse or child can simply take control, but this is not the case without a formal appointment.

You can choose almost anyone you trust, including family, friends or a professional. If you appoint a professional, it is important to be aware that their services may involve additional charges.

Selecting your attorney is a significant decision. They must be someone you trust implicitly, as they may manage your finances or personal welfare in the future. You can appoint more than one attorney and decide whether they must act together or can act separately. Replacement attorneys can also be named to ensure continuity if your original attorney is unable to act.

The two types of LPA

There are two main forms of Lasting Power of Attorney, each serving a different purpose.

Property and Financial Affairs LPA

This allows your attorney to manage bank accounts, pensions, property and financial responsibilities. With your permission, your attorney can act as soon as the document is registered.

Health and Welfare LPA

This relates to decisions about medical treatment, care and where you live. Unlike the financial LPA, your attorney can only act when you have been assessed as lacking mental capacity.

How LPAs are signed and registered

Before an LPA can be used, it must be signed by you, your attorney and a certificate provider. The certificate provider confirms that you understand what the LPA means and are making it of your own free will. Once signed, the document is sent to the Office of the Public Guardian. There, it is added to a national register, and once registration is complete, your attorney can begin acting for you under the terms of the document.

What about Enduring Powers of Attorney?

Enduring Powers of Attorney were replaced by LPAs in 2007, but many remain valid. If you made one in the past, it is worth reviewing it to ensure the people named are still appropriate and your circumstances have not changed. Although they can still be used, updating to an LPA may offer greater clarity and protection.

The cost of not having an LPA

While preparing an LPA may cost slightly more than making a Will, it offers considerable value. If you lose mental capacity without an LPA or an Enduring Power of Attorney in place, your family must apply to the Court of Protection. This process can be lengthy, costly and stressful, and the person appointed may not be the individual you would have chosen.

Creating an LPA while you can do so ensures you remain in control of who manages your affairs and how decisions about your future are made.

How Astle Paterson can help

Our Private Client team can guide you through making a new LPA or reviewing an existing Enduring Power of Attorney. We provide clear advice, support and reassurance to help you protect your future and safeguard your wishes.

For further information, please contact our trusted and knowledgeable Private Client team on 01283 743969 or email enquiries@astlepaterson.co.uk.

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