A Lasting Power of Attorney, or LPA, is a legal way for you to choose people you trust, called attorneys, to make decisions for you should you lose the ability to do so yourself. There are two types to consider: one for property and financial matters and another for health and welfare decisions.
1. Why Make an LPA?
A UK power of attorney offers peace of mind by protecting your future needs, ensuring trusted people act in your best interests and reducing the chance of family disputes.
2. Who Should Have an LPA?
Anyone over 18 with mental capacity can benefit. Illness, accidents and conditions such as dementia can affect capacity at any stage in life, so arranging an LPA early is wise.
3. What Does “Capacity” Mean?
Capacity refers to the ability to understand information, make a decision and communicate it. Capacity can be lost temporarily or permanently.
4. How Do You Make One?
LPAs can be arranged online using a service such as Power Of Attorney Online. Alternatively, you can fill in paper forms and submit them to the Office of the Public Guardian for registration. While you can do it yourself, you may want to seek legal advice in more complicated situations.
5. What If You Don’t Have One?
Without an LPA, loved ones cannot automatically act on a person’s behalf, which can lead to lengthy and costly applications to the Court of Protection in order to gain authority over decisions. This is a lengthy, expensive process that removes your say in who looks after your affairs.
