Lasting power of attorney

This page was last updated on 1 July 2021

Lasting Power Of Attorney In 2021

If you become unwell or lose capacity, you may not be able to make your own decisions about money or your own health and care. A lasting power of attorney LPA means that someone else has the power to make the decisions about your money, health and life for you.

Topics that you will find covered on this page

You can listen to an audio recording of this page below.

 

Why would I want an LPA?

A lasting power of attorney LPA means that you give power to a person, like a family member, so they can make decisions for you about your financial affairs, or your health and care in circumstances where you lose mental capacity.

The person who sets up the power is referred to as the donor, and the person who they name to make decisions is referred to as their attorney.

When is the right time to make an LPA?

To set up an LPA, you must have mental capacity. It is worth considering especially if you have a deteriorating illness or believe you might lose mental capacity so you will need help and support in making decisions about your bank account and health matters.

What is the difference between power of attorney and lasting power of attorney?

A power of attorney is for decisions about your money management and is still valid when you have mental capacity. This is useful for when you still have mental capacity, but you need help and support for a shorter time, like a hospital stay.

A lasting power of attorney can deal with decisions on your finances, health, and care. This power comes into effect when you lose capacity or if you decide you do not want to make decisions on your own anymore.

Here is a video to explain more about what an LPA is.

Are enduring powers of attorney (EPA) and LPAs the same?

In Oct 2007, LPAs replaced EPAs. For more information, go to the government online site:

https://www.gov.uk/use-or-cancel-an-enduring-power-of-attorney

What happens if I already have an enduring power of attorney?

If you made and signed the EPA any time before 1 October 2007, then the power should still exist. An EPA covers any decision about your property and financial affairs and begins to operate if you lose capacity or want someone else to act on your behalf.

What happens to my enduring power of attorney if I no longer have capacity?

You do not need to get your Enduring Power of Attorney registered with the office of the public guardian if you have got capacity. However, if the donor does not have the capacity, then the EPA must be registered to the Office of the Public Guardian (OPG).

What is the role of a lasting power of attorney?

The person you appoint will have the legal authority to make decisions on your behalf if you lose mental capacity or you do not want to make these personal decisions anymore.

This means they can access your bank account, manage and sell your property, and sign for decisions on your behalf.

What are the obligations of an attorney?

An attorney of power has a duty of care to the donor. Therefore, they must make sure that the donor’s bank account and their property is kept separate from their own.

The person must record all the information about their dealings as an attorney, which can be sent to the donor’s solicitor or family members if they lose capacity.

Who is can I make my attorney?

An attorney you name must be over the age of 18 and someone you trust to make decisions for you.

As a guide, most people choose someone like their partner, another family member, or a close personal friend.

"You can have multiple power attorneys. If you do this, you need to make it clear whether they need to make decisions jointly or if one of them can make decisions without the other one."

Can I have more than one power of attorney?

You can have multiple power attorneys. If you do this, you need to make it clear whether they need to make decisions jointly or if one of them can make decisions without the other one.

Do I have to give my attorney full powers?

If you only want the person you appoint to be able to deal with some matters and not others, the application form lets you stipulate this. If the arrangement is complex, it may be worth using a solicitor service to help you fill out the application form before you sign it.

What will happen if I did not make an LPA?

If you lose capacity and did not make a lasting power of attorney or have an EPA from before 2007, then you will have to apply to the Court of Protection. The Court of Protection can make decisions on if you have mental capacity, make an order about a decision on your financiers, health or care, or appoint a deputy to act on your behalf.

What are the variations of LPA?

There are two main types of LPA; LPA for financial decisions and LPA for health and care power of attorneys.

Property and financial affairs power of attorney are for either while you still have capacity, or if you lose mental capacity. Health and welfare power of attorney are only for once you have lost capacity.

What is the fee for a lasting power of attorney?

The main lasting power of attorney costs are for registering with the Office of the Public Guardian. The registration fee is £82 for each power, which means there is a fee of £164 to register an LPA for health and welfare and an LPA for your financial affairs.

Are there any discounts for registering your LPA?

If you are on low income, you may be able to save 50% on making an application. If you are receiving certain types of benefits, registration may be free.

Can you do a lasting power of attorney yourself?

You can set up an LPA yourself, however, it is a good idea to contact the Citizen’s Advice Bureau or get advice from a solicitor’s service.

This is because there is standard wording you must use when you send your forms to the Office of the Public Guardian, so a solicitor service can tell you what information you need to include, which can save confusion later on.

for power of attorney

What is the process for applying for an LPA?

You have to complete and sign the form from the Office of the Public Guardian (OPG). This only applies in England and Wales, and different rules apply to making a power of attorney LPA in Scotland and Northern Ireland.

Do I need to hire a solicitor to register my LPA?

You do not need help from a solicitor’s services, as the application forms you get from the Office of the Public Guardian contain a guide on how to fill them out.

If you use a solicitor, you will have to pay fees for their help and for them to fill out the form to make a lasting power of attorney. You may want to consider a few different services and what they charge.

When should I use a solicitor’s services to apply for an LPA?

A solicitor’s services may be useful for giving you help and advice on what to put in. LPA’s are an important document and can be hard to change. Therefore it may be worth reading the forms for more information to decide if you need help and additional support.

How long does it take to get an LPA registered with the OPG?

The Office of the Public Guardian LPA registration process takes around 9 weeks. If you lose mental capacity after you signed the LPA but before registering it, your attorney can register for you. It is important to take into account this delay and make your LPA before you lose capacity.

Do I need to tell my attorney I have put them down?

You need to complete and send form LP3 to the people you have put down in your LPA application. They then have three weeks to tell any concerns they might have to the OPG.

If I get an LPA will I be unable to make decisions on my own anymore?

Just because you have registered for power of attorney LPA, this does not mean your attorney fully takes over making decisions so you are unable to make decisions.

The health and welfare LPA can only make decisions when the donor needs help to make decisions.

For the property and financial affairs attorney, if you elect them to act while you still have the capacity, you will also be able to make decisions, but your attorney will help support you.

Have A Free & Impartial Chat With Us

 

Would you like some help setting up a Lasting Power of Attorney?

You can contact us in one of 3 ways:

  • Option 1 – Call us directly on – 0333 567 1602
  • Option 2 – Book an appointment directly in the calendar below, and one of the team will call you back at the chosen time
  • Option 3 – Leave us your contact details and we will get in touch

 

Option 1 – Call directly to discuss your Power of Attorney needs

Our lines are open Monday to Friday – 9:00 to 5:00

Option 2 – Book an appointment, in the calendar below, for a Power of Attorney specialist to call you back when its convenient

Option 3 – Leave us your details and we will get in touch

Leave your contact details below and one of the team will give you a call to discuss your needs.

Please note that all calls are undertaken by Quadrant Estate Planning, a Lasting Power of Attorney specialist

Article author

Katy Davies

I am a keen reader and writer and have been helping to write and produce the legal content for the site since the launch.   I studied for a law degree at Manchester University and I use that theoretical experience, as well as my practical experience as a solicitor, to help produce legal content which I hope you find helpful.

Outside of work, I love the snow and am a keen snowboarder.  Most winters you will see me trying to get away for long weekends to the slopes in Switzerland or France.

Email – katy@helpandadvice.co.uk

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Frequently Asked Questions

Why do you need a LPA?

A lasting power of attorney LPA means that you give power to a person, like a family member, so they can make decisions for you about your financial affairs, or your health and care in circumstances where you lose mental capacity.

When is the right time to make an LPA?

To set up an LPA, you must have mental capacity. It is worth considering especially if you have a deteriorating illness or believe you might lose mental capacity so you will need help and support in making decisions about your bank account and health matters.

What is the role of a lasting power of attorney?

The person you appoint will have the legal authority to make decisions on your behalf if you lose mental capacity or you do not want to make these personal decisions anymore.

This means they can access your bank account, manage and sell your property, and sign for decisions on your behalf.

What are the obligations of an attorney?

An attorney of power has a duty of care to the donor. Therefore, they must make sure that the donor’s bank account and their property is kept separate from their own.

The person must record all the information about their dealings as an attorney, which can be sent to the donor’s solicitor or family members if they lose capacity.

 

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