Lasting Power of Attorney - What Do I Need to Know?
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document which you can use to appoint a person (called an attorney) to make decisions and act on your behalf if you are no longer capable of doing this yourself. There are two types of LPA, and you can make one or both:
- Property and Affairs – This covers your finances, such as paying bills, selling property and collecting any benefits. A property and affairs LPA can be used immediately, with your permission, once it has been registered.
- Health and Welfare – This deals with decisions about your health and welfare such as where you're cared for, medical care and your daily routine. It can only be used once you lack the mental capacity to make these decisions for yourself.
The Office of the Public Guardian (OPG) registers LPAs.
Why Might I Need to Make a Lasting Power of Attorney?
An LPA can only be made by a person who is over 18 and has mental capacity. It can be a useful tool to give you and your family the peace of mind to know that your wishes about your finances or health and care will be followed in the event you are no longer able to decide this; for example in the case of disease such as Alzheimer’s or other forms of Dementia.
Making an LPA can assist you in initiating a conversation with your family about how you want your finances or care to be arranged.
What Steps do I Need to Take?
First, you'll need to decide who you would like to appoint as your attorney or attorneys. Above all, this should be a person or persons whom you trust; many people choose family members or close friends. You can also use a solicitor or other professional. Your attorney needs to agree they will carry out the role.
Although you can obtain and fill in the forms yourself from the OPG, you may wish to consult a solicitor to guide you through the process.
If you are planning for your future, you might also want to consider making a will or updating your current will if you already have one.
