Wills & Estates
Lasting Powers of Attorney
Appointing people you trust to act for you if you cannot act for yourself.
There are two types: one covering property and financial affairs, the other covering health and welfare. Each must be registered before it can be used, and registration takes time.
Families frequently discover the need for an LPA at exactly the moment it can no longer be made. Putting one in place while everything is well is the entire point.
Things worth considering
- An LPA must be made while you still have mental capacity
- Registration with the Office of the Public Guardian takes several weeks
- Attorneys can be appointed jointly, severally, or in combination
In plain English
Lasting Powers of Attorney: both types, and why timing matters
A Lasting Power of Attorney is a legal document appointing one or more people to make decisions for you if you cannot make them yourself. There are two separate types in England and Wales and they are made separately.
A property and financial affairs LPA covers bank accounts, bills, benefits, investments and selling a home. It can be used while you still have capacity if you allow that. A health and welfare LPA covers medical treatment, care arrangements and where you live, and can only be used once you lack the capacity to decide for yourself. Many people put both in place at the same time.
An LPA can only be made while you still have mental capacity. If capacity is lost first, an application to the Court of Protection may be needed, depending on the decision involved and who needs to make it. An LPA must also be registered with the Office of the Public Guardian before it can be used, and registration takes time.
This describes the law of England and Wales. Scotland and Northern Ireland have different rules.
Step by step
What the process involves
- Step 1
Choose your attorneys
People you trust to act in your best interests, who are willing to do it. You can appoint more than one, either jointly, jointly and severally, or in a mix. Name replacements.
- Step 2
Decide instructions and preferences
Instructions are binding; preferences are guidance. Health and welfare LPAs include a specific decision about life-sustaining treatment.
- Step 3
Complete the forms and have a certificate provider sign
An independent certificate provider confirms you understand the LPA and are not under pressure. Who can act as one is defined in the rules.
- Step 4
Notify anyone you have chosen to tell, then register
Registration is with the Office of the Public Guardian and there is a statutory fee; a reduction or exemption may apply on low income or certain benefits. Registration is not instant, and the LPA cannot be used until it is complete.
- Step 5
Give attorneys what they need
Attorneys must know the LPA exists and be able to prove it to banks and care providers when the time comes.
Being straight with you
What this cannot do
- An LPA cannot be made after capacity has been lost.
- An unregistered LPA cannot be used.
- Attorneys must follow the Mental Capacity Act 2005 and act in your best interests; they cannot simply do as they prefer.
- A health and welfare LPA cannot be used while you still have capacity to make the decision yourself.
- An ordinary power of attorney is not the same thing and ends if you lose capacity.
- Cromwell Associates does not prepare or register LPAs.
Before you speak to anyone
Useful things to have ready
Gather or think about
- Full names, addresses and dates of birth of your chosen attorneys and replacements
- Whether they should act together, separately, or a combination
- Your view on life-sustaining treatment, for the health and welfare LPA
- Anyone you want notified when the LPA is registered
- Who could act as your certificate provider
Questions worth asking the specialist
- Are you preparing both types, or only one?
- What is the fee for your work, and is the Office of the Public Guardian registration fee included or separate?
- Who will act as certificate provider?
- How long do you expect registration to take, and who chases it?
- What happens if I want to change an attorney later, and what would that cost?
Ask us to explain any charges that would apply, and any remuneration we may receive for making an introduction, before you decide whether to proceed.
Sources
Official guidance referenced on this page
Enquire about lasting powers of attorney
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