Lasting Powers of Attorney
Choose who speaks for you, before it is needed
A lasting power of attorney lets you appoint people you trust to make decisions for you if you cannot make them yourself. It is one of the most important documents you can put in place, and it is far easier to do while you are well.
- Members of The Society of Will Writers
What a lasting power of attorney does
A lasting power of attorney, usually shortened to LPA, is a legal document in which you, the donor, appoint one or more attorneys to act on your behalf. There are two types, and most people make both.
A property and financial affairs LPA covers money and property: paying bills, managing bank accounts, dealing with pensions and benefits, and selling a home if needed. A health and welfare LPA covers your care, daily routine, medical treatment and, if you choose, decisions about life sustaining treatment.
An LPA must be registered with the Office of the Public Guardian before it can be used. It only takes effect in the ways you decide, and while you have capacity you remain in control.
Why it matters
Many people assume their spouse or children could simply step in if they became unwell. In fact, without an LPA no one has automatic authority to deal with your finances or make care decisions for you. The alternative is an application to the Court of Protection for a deputyship, which is slower, more expensive and takes the choice out of your hands.
How it works
Step 1: We talk it through
We explain the two types, help you choose your attorneys and any replacements, and discuss whether to add instructions or preferences.
Step 2: We prepare the forms
The LPA forms are completed around your wishes and checked with you.
Step 3: Signing in the right order
An LPA must be signed by you, a certificate provider and your attorneys in a set order. We hand deliver the documents and guide you through it.
Step 4: Registration
The LPA is then sent to the Office of the Public Guardian for registration, which has its own fee and can take several weeks.
Options
Types of lasting powers of attorney
Common questions
Who can be my attorney?
Anyone over eighteen who has mental capacity, and who is not bankrupt for a property and financial affairs LPA. Most people choose a spouse, partner, adult children, other relatives or a trusted friend. You can appoint more than one and decide whether they act together or independently.
When can my attorneys act?
A health and welfare LPA can only be used once you lack capacity to make a particular decision yourself. A property and financial affairs LPA can be used as soon as it is registered if you wish, or only once you lack capacity, depending on what you choose.
Can I cancel an LPA?
Yes, while you have capacity you can revoke it at any time by notifying the Office of the Public Guardian.
Is an LPA the same as an enduring power of attorney?
No. Enduring powers of attorney were replaced by LPAs in 2007. An EPA made before then is still valid for property and finances, but it does not cover health and welfare decisions.
Where we work
Home visits across Norfolk and Suffolk
We are happy to come to you. These are some of the towns we regularly visit.
Ready to talk it through?
Get in touch and we will arrange a time that suits you. We are happy to come to your home if that is easier.