Lasting Powers of Attorney (LPAs)

Detailed guidance on putting in place both Property and Financial Affairs and Health and Welfare LPAs including acting as Certificate Provider and dealing with registration, where required. 

Ensuring your LPAs remain up-to-date with any changes in your circumstances or preferences and the Office of the Public Guardian is kept properly informed.

Offering legal support when disagreements arise about an LPA’s validity or the decisions made by an appointed attorney.

Assistance with short-term decision-making arrangements that don’t cover situations where you lose mental capacity.

Guidance on the predecessor to LPAs, how they function today and whether you should consider replacing them with LPAs.

Helping designated individuals understand their roles, responsibilities, and the limits of their authority under an LPA.

Assisting with Court of Protection applications when no LPA exists, and explaining the deputyship role, its complexities, and implications. 

The Property and Financial Affairs LPA allows your appointed attorney(s) to handle your financial and property matters and can be put in place toi be effective immediately or only on loss of capacity. In contrast, the Health and Welfare LPA is about decisions related to your daily care, medical treatment, and other personal well-being concerns and can only be used upon loss of capacity. 

Registering your LPA with the Office of the Public Guardian makes it legally valid and allows your appointed attorney to act on your behalf when necessary, without the delays associated with registering it at that time (it takes 12+ weeks to register an LPA for use). 

You cannot alter an existing LPA but as long as you have the mental capacity to make that decision, you can cancel your existing LPA and put a new one in place.  If someone has lost mental capacity they can no longer cancel their LPA. 

Without an LPA, decisions on your behalf would need a Court of Protection order, to appoint a Deputy which can be a longer, costlier, and more intrusive process than having an LPA in place.  A major downside is that no decisions at all can be made or provisions be put in place until the lengthy court process is completed.  

While an LPA is intended to be used during someone’s entire lifetime and continues even if that person loses capacity, a general power of attorney is usually for a fixed period, often for a specified purpose, and becomes invalid if the donor loses mental capacity. 

Your attorney must always act in your best interest, consider your past and present feelings, ensure you participate as much as possible in decisions, and avoid restricting your rights unnecessarily. 

Yes, you can appoint multiple attorneys and specify if you want them to make decisions jointly or if they can act independently on certain matters. 

While a Will outlines the distribution of your assets after your passing, an LPA empowers designated individuals to make decisions for you during your life, particularly if you become unable to make them yourself due to loss of mental capacity. 

An LPA is a proactive measure, chosen by you. Deputyship is reactive, instigated by someone else when there’s no LPA, and you lose capacity. It’s subject to annual supervision, ensuring the deputy is acting appropriately. 

Concerns about an attorney’s actions can be reported to the Office of the Public Guardian, which can investigate and take necessary action. 

The Property and Financial Affairs LPA can be used as soon as it’s registered, with your permission. However, the Health and Welfare LPA can only be used once you’ve lost the capacity to make decisions yourself.  Both LPAs must be registered before use and, as such, we recommend they are registered immediately upon completion so as not to cause unnecessary delays at a later date. 

It’s vital to select someone trustworthy, understands their duties, and respects your wishes. It’s often a good idea to discuss your intentions and preferences with them in advance.