Lasting powers of attorney explained

A lasting power of attorney, usually shortened to LPA, is a legal document that lets you appoint people you trust to make decisions on your behalf if you cannot make them yourself. It is one of the most important documents a person can put in place, and it is far easier to do while you are well. This guide explains how it works.

The two types of LPA

There are two types, and most people make both.

Property and financial affairs. This covers money and property: operating bank accounts, paying bills, collecting pensions and benefits, managing investments and, if needed, selling your home. You can choose whether it can be used as soon as it is registered, with your consent, or only once you have lost capacity.

Health and welfare. This covers your care and daily life: where you live, your routine, medical treatment and, if you give the authority, decisions about life sustaining treatment. It can only be used once you lack the capacity to make a particular decision yourself.

Why an LPA matters

Without an LPA, no one has automatic authority to deal with your affairs if you become unable to. A spouse cannot simply operate your bank account; a daughter cannot simply instruct your care home. The alternative is an application to the Court of Protection for a deputyship order, which is slower, more expensive and takes the choice of who acts out of your hands.

Choosing your attorneys

Your attorneys must be over eighteen and have capacity themselves. For a financial LPA they must not be bankrupt. Most people choose a spouse or partner, adult children, other relatives or a trusted friend. Think about who is practical, who is close enough to know your wishes, and who will still be around in twenty years. You can appoint more than one attorney and decide whether they act:

• jointly, so they must agree on everything
• jointly and severally, so any of them can act alone
• jointly for some decisions and severally for others

You can also name replacement attorneys in case an original attorney can no longer act.

Instructions and preferences

An LPA can include instructions your attorneys must follow and preferences you would like them to consider. Common examples are instructions about how money should be invested, or a preference to stay in your own home for as long as possible. Wording matters, because poorly drafted instructions can cause an LPA to be rejected at registration or to be unworkable later.

The certificate provider

Each LPA must be signed by a certificate provider: an independent person who confirms that you understand the document and are not being pressured. This can be someone who has known you well for at least two years, or a professional such as a doctor or solicitor.

Signing and registration

The LPA must be signed in a set order: you first, then the certificate provider, then the attorneys. Once signed it is sent to the Office of the Public Guardian for registration, together with the registration fee. Registration can take several weeks, and an LPA cannot be used until it is registered. For that reason it is sensible to register straight away rather than waiting until it is needed.

Can it be changed or cancelled?

While you have capacity you can revoke an LPA at any time by notifying the Office of the Public Guardian. You cannot amend a registered LPA; if you want different attorneys or terms you make a new one.

Common questions

Does my spouse automatically have authority? No. Marriage gives no automatic right to manage your finances or make care decisions.

I have an enduring power of attorney from before 2007. Is it still valid? Yes, for property and finances, but it does not cover health and welfare. Many people add a health and welfare LPA alongside it.

What if I never lose capacity? Then the LPA sits unused, which is the best outcome. Think of it as insurance.

Putting one in place

We help people across Norfolk and Suffolk set up both types of LPA, visiting at home to talk through the choices, preparing the documents, and guiding you through signing in the right order. If you have been meaning to do it, now is a good time.