Lasting Powers of Attorney (LPAs) are important legal documents which provide you with peace of mind that should you become unable to make decisions due to age, illness or disability affecting your mental capacity, that you have appointed people that you trust to deal with matters relating to your health and/or property and financial affairs in the future.
There are two types of LPAs: Property & Financial Affairs and Health & Welfare.
The people appointed under your LPAs are called ‘attorneys’. Your attorneys cannot be under the age of 18 years old, subject to a Debt Relief Order or be bankrupt if they are to deal with your property and financial affairs.
Property & Financial Affairs
The Property & Financial Affairs LPA allows your attorneys to make decisions concerning your property and finances. This may include:
- Paying your bills
- Managing your investments and banking
- Arranging for repairs to your home
- Selling your home
Health & Welfare
The Health & Welfare LPA allows your attorneys to make decisions concerning your health and lifestyle. This may include:
- Where you live
- Your diet and dress
- Medical care
- Life-sustaining treatment
When can an LPA be used?
LPAs must be registered by the Office of the Public Guardian before they can be used by your attorneys. They do not have to be registered immediately but it is often considered preferable to register them straight away so that they are ready to be used without delay, if they are needed in the future. The donor (the person making the LPAs) can choose to register the LPAs whilst they still have capacity or, if their capacity is lost in the future, then their attorneys can apply to register the LPAs instead.
The Property & Financial Affairs LPA can be used as soon as it is registered, so long as you provide consent to your attorneys to use it. This Power of Attorney can also be used on a temporary basis- for example if you are going into hospital or if you become housebound and are temporarily unable to deal with your financial affairs despite still having capacity.
The Health & Welfare LPA can only be used once capacity has been lost.
The current registration fee from the Office of the Public Guardian is £82.00 per LPA. However, this is set to increase to £92.00 per document on 17th November 2025. Depending on your financial circumstances, you may be entitled to a remission or exemption of the fees.
What happens if you lose capacity and don’t have an LPA?
If you become unable to manage your own affairs or cannot make a decision about a particular thing at a particular time, the matter will likely be referred to the Court of Protection who will either make the decision themselves or appoint a ‘deputy’ to act on your behalf. Deputies have the onerous responsibility of keeping accounts, taking out a security bond and reporting to the Office of the Public Guardian. The process of obtaining a Deputyship Order can be very long and costly, making an already distressing time more difficult for yourself and your loved ones.
Are you giving up control by making an LPA?
No. Making an LPA does not mean that you are declaring yourself unable to deal with your own affairs; it simply means that you are safeguarding yourself, and your assets, by appointing people that you trust to act on your behalf, should you be unable to deal with your own affairs in the future.
It is possible to limit the power of LPAs by including preferences and instructions, setting out guidance for your attorneys to follow.
LPAs are not only for the elderly, but for anyone who wishes to have peace of mind that should you lose the ability to handle your own affairs, your assets and your health care and welfare will be managed by people that you trust.
If you wish to discuss making LPAs, please get in touch with our friendly Reception Team on 01670 515 182 or at hello@carrandcosolicitors.com to book an appointment.