Lasting powers of attorney: protecting your future
Life can be unpredictable. Whether due to an accident, illness or the natural effects of ageing, there may sadly come a time when you’re unable to make decisions for yourself. It’s not something any of us like to think about, but having a lasting power of attorney (LPA) in place is one of the most important steps you can take to protect yourself and ease the burden on your loved ones.
An LPA allows someone you trust to step in and make decisions on your behalf if you’re no longer able to do so. Without one, your family or friends won’t automatically have the legal authority to help you – even if they’re the ones who know you best. Instead, they may face a lengthy, stressful and costly process applying to the Court of Protection, often during an already emotional and challenging time.
Putting an LPA in place now offers peace of mind for the future – both for you and for those who care about you.
How do LPAs work?
An LPA lets you choose up to four trusted individuals (attorneys) to make decisions and act on your behalf if you’re no longer able to. You (the donor) stay in control until such a time as help is needed.
There are two types of LPA for individuals:
- Property and financial affairs LPA: allows attorneys to manage your money, property and financial matters.
- Health and welfare LPA: covers decisions about your care and medical treatment, including life-sustaining care if you wish.
Business owners can also set up a business LPA to authorise attorneys to look after their business interests.
All LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used.
Our expertise in powers of attorney
We’ve been helping people navigate powers of attorney for decades. Whether you’re looking to appoint trusted family members or professionals or need guidance on complex instructions, we’re here to help.
Our services include:
- Tailored advice on setting up LPAs
- Drafting, executing and registering documents with the OPG
- Acting as professional attorneys for property, finance and welfare decisions
- Advice on attorney responsibilities and resolving disputes
We’re not just legal experts – we’re great listeners too. We’ll take the time to understand your needs and help ensure your future is in safe hands.
FAQs
A property and financial affairs LPA can allow attorneys to:
- Access bank accounts and manage bills
- Deal with investments and pensions
- Buy or sell property
A health and welfare LPA can empower attorneys to:
- Make medical decisions and arrange care
- Choose care homes or support routines
- Decide on life-sustaining treatment (if specifically allowed)
Not necessarily, but many people choose both to ensure their affairs and wellbeing are fully covered. Each LPA deals with different areas of life and provides peace of mind in different situations.
Yes. You can appoint different people for each LPA or choose professionals such as solicitors or accountants. Just bear in mind that professionals may charge for their services.
- For health and welfare, attorneys can only act once you’re no longer able to make decisions for yourself.
- For property and finance, you can choose whether attorneys can act immediately after registration or only if you lose capacity.
You can also limit their powers or include instructions and preferences to guide them.
Yes – so long as you have capacity, you remain in charge. Attorneys must involve you as much as possible in all decisions.
An LPA must be:
- Drafted and signed by the donor and attorneys in front of witnesses
- Certified by someone who confirms you understand what you’re doing
- Registered with the Office of the Public Guardian (fee: £82 per LPA)
We can guide you through the whole process to avoid errors and delays.
Yes, but many find the process complex. The OPG has strict rules and forms can be rejected for small errors. We offer straightforward support to help you get it right first time – especially helpful if your situation is more complicated or there’s potential for family conflict.
Yes, so long as you have mental capacity. You can cancel an LPA by sending a deed of revocation to the OPG. Minor changes (like an attorney’s new address) can be updated with the OPG.
You might as not all powers are covered by an enduring power of attorney (EPA). EPAs were replaced by LPAs in 2007, and while existing EPAs are still valid and can be registered, they only apply to property and financial matters. They do not cover health and welfare decisions.
Also, attorneys under an EPA can only act once the donor has lost capacity, whereas a property and financial LPA can be used while the donor still has capacity (if that’s what they choose).
So, if you want your attorneys to help before you lose capacity or you want someone to make health and care decisions for you, it’s worth putting an LPA in place even if you already have an EPA.
An advanced decision lets you refuse certain medical treatments in specific circumstances. It’s legally binding but limited in scope. It can’t authorise others to make choices for you or request treatments.
A health and welfare LPA can cover wider decisions, including authorising attorneys to make life-sustaining treatment choices.
If you have both, the one made later usually takes precedence.
A general power of attorney allows someone to manage your finances temporarily while you still have capacity – ideal if you’re abroad or unwell. It doesn’t cover health decisions and ends if you lose capacity.
