Lasting Power of Attorney FAQs
1. What is a Power of Attorney?
A Power of Attorney, also known as a Letter of Attorney, is a written legal authorization that grants someone the authority to represent or act on behalf of another person in personal, business, or legal matters. The individual granting this authority is referred to as the principal, grantor, or donor.
2. What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a crucial legal document that enables you to appoint one or more individuals to make decisions on your behalf during your lifetime. These appointed individuals are known as attorneys. It's important to note that an LPA is a separate legal document from your will, although many people choose to establish both simultaneously as part of their future planning.
3. How much does a Lasting Power of Attorney cost?
The cost of a Lasting Power of Attorney starts at £300, excluding the registration fees. If you require a Mirror Lasting Power of Attorney for two individuals, the starting cost is £500.
4. What areas does a Lasting Power of Attorney cover?
There are two types of LPAs:
- Health and Care LPA: This empowers your attorney to make decisions regarding your medical treatment and day-to-day care. It encompasses matters such as your place of residence, dietary preferences, medical procedures, and healthcare providers.
- Financial Decisions LPA: This grants your attorney the authority to handle and make decisions concerning your finances and property. It includes tasks like bill payments, property transactions, pension management, and benefits collection.
5. Why is a Lasting Power of Attorney important?
Should you become unable to communicate your wishes, an LPA allows a trusted individual to step in and make decisions on your behalf regarding your health and care or financial matters. By choosing someone you trust and selecting the appropriate type of LPA for your situation, you ensure that important choices are made in line with your preferences.
Without an LPA, if you require someone to manage your finances in the future, their only option would be to apply for a deputyship order through the court. This process can be complex, time-consuming, and costly. However, with an LPA in place, your chosen attorney can take immediate action when needed.
Once your LPA is established, you can have peace of mind knowing that a trusted individual will handle your affairs if you are unable to do so due to illness or an accident. You can also include instructions and preferences within your LPA to guide your attorney in making decisions aligned with your wishes.
It's important to note that an LPA can only be created when you have the capacity to understand the document's nature and implications. Waiting until the need arises will be too late to establish an LPA.
6. Who needs a Lasting Power of Attorney?
Accidents or illnesses can affect anyone, regardless of age, often without warning. Therefore, having an LPA is crucial for everyone.
If you lose the capacity to make decisions and do not have an LPA in place, no one will have the legal authority to manage your finances or make healthcare decisions on your behalf. If you want to retain control over decisions made for you and grant this authority to someone you trust, it is highly recommended to establish an LPA.
Without an LPA, the court may appoint someone you may not have chosen to manage your affairs through a deputyship order. By creating an LPA, you provide legal authority to a specific person without the need for the costly and complex process of obtaining a deputyship order.
For peace of mind and assurance that your affairs will be managed according to your wishes, consider establishing an LPA.
If you are concerned about not being able to make decisions relating to certain aspects of your life, you may be able to empower someone that you trust to assist with making these decisions. This can be done by granting a Power of Attorney or Lasting Power of Attorney depending on the circumstances and your requirements.
A standard Power of Attorney can be used to temporarily give someone the authority to make decisions regarding your finances. This is often used when you will not be present to make those decisions yourself, for example, when in a hospital or on a holiday.
In comparison, a Lasting Power of Attorney can give someone permanent authority to assist with decisions about your finances, health, and personal welfare as required. A Lasting Power of Attorney will only come into effect if you are deemed to have lost the mental capacity to make decisions for yourself, so it offers protection against future accidents or ill health.
Please note: both types of Power of Attorney can only be entered into when you have full mental capacity.
Lasting Powers of Attorney allow an individual to make decisions for someone if they lose the mental capacity to do so themselves. This could be due to an accident or an illness like dementia or Alzheimer’s disease.
There are two types of Lasting Power of Attorney:
Health and welfare LPA – This type of LPA can be used to make decisions regarding medical care, living situations, diet, and daily maintenance of the individual.
Property and finance LPA – This type can be used to make decisions regarding the purchasing or selling of a property, handling tax, claiming benefits, managing bank accounts, investments, etc.
Once a Lasting Power of Attorney has been set up, it will only come into effect if mental capacity has been lost. It is important to note that an LPA has no expiry date.
In the event that you became incapacitated, who would you want to look after your health, welfare, property, and financial affairs?
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
We can help you plan for the unexpected
You know you need a Will to protect your family and ensure your wishes are respected after you are gone. But what happens if you lose the ability to make decisions while you are still alive? A Lasting Power of Attorney (LPA) lets you appoint people you trust to make decisions on your behalf, should you lose mental capacity.
Why should I make a Lasting Power of Attorney?
Set out your wishes
Protect your family
Save time and money
An LPA is a flexible document that allows you to decide whether you give someone control over all aspects of your financial or personal affairs, or whether they
Without an LPA, the state will appoint a Deputy to represent you through the Court of Protection. There are too many heartbreaking examples of loved ones feeling helpless and
If you have not made an LPA, a family member can apply to become a Deputy but to make an application costs range between £2,500 and £5,000, and the average time to complete an
are only granted control over
frustrated as they watch a Local Authority operate their loved
application is six months. Having spent the money, it is also not guaranteed that the Deputy
status will be granted.
Lasting Powers of Attorney
Many people assume that their spouse, partner, or child would be able to automatically take over their affairs if they became ill or lost the ability to make their own decisions. This is simply not the case.
LPAs allow you to legally appoint someone you know and trust to make decisions and act on your behalf should you become unable to do so for yourself, due to illness, accident, stroke or dementia.
Health & Welfare
This document allows your Attorney to make decisions and act on your behalf with regard to your health and welfare. This may range from your day-to-day care, e.g. diet and daily routine to medical treatment and end-of-life decisions. It can only be used when you are unable to make your own decisions.
- Decisions may be made about your health care and welfare needs that you would disagree with.
- You lose the ability to choose who should make health care and welfare decisions for you.
Property & Financial Affairs £300
This document allows your Attorney to make decisions and act on your behalf with regard to your property and financial affairs. This may range from paying bills and making inquiries with the bank to buying or selling property and managing investments. With your permission, it can be used as soon as it’s registered.
- Your loved ones won’t be able to manage your financial affairs, which can be difficult if bills are outstanding or assets need to be dealt with (such as selling a house).
- You won’t be able to select a trusted family member or friend (or a professional such as a solicitor) to make decisions on your behalf.
Start your LPA questionnaire online.
Arrange a call to discuss your options including a home visit.
(Please note that there may be additional charges for bespoke services)
Three simple steps to protecting you and your loved ones
1. Speak to one of our team to arrange your home visit appointment. We can visit at a time that suits you, day or evening, seven days a week.
2. At your appointment, we’ll talk you through the legal powers of attorneys, whom you can appoint, the different types of LPAs, and how to structure your LPA.
3. Within 28 days, your LPAs will be drafted by us and sent back to you for approval. Once signed and witnessed, we can send your LPA to be officially registered.
Key differences between Powers of Attorney and Lasting Powers of Attorney
The key differences are:
Can only be used when the donor has a mental capacity
Can only be used for financial affairs
Used when the donor loses mental capacity
Can be used for financial affairs, property, health, and welfare decisions
Powers of Attorney
Lasting Powers of Attorney
"Having a Lasting Power of Attorney should be as common and natural as
making a Will”
Jack Straw, former Lord Chancellor
Lasting Powers of Attorney (‘LPAs’)
LPAs are documents to appoint trusted people to look after your affairs in the event that you lose mental capacity. There are two types of LPA, one dealing with your property and financial affairs and one dealing with your health and care. We can guide you through the process of choosing suitable attorneys, drafting and signing the paperwork, and registering your LPAs with the Office of the Public Guardian (the court with oversight of LPAs). We can also train your chosen attorneys on their duties and responsibilities under the Mental Capacity Act 2005.
If you do not have a trusted friend or family member you feel you can appoint, our partners are able to act as attorneys in respect of your property and financial affairs. We are experienced in acting as attorneys and are part of a network of knowledgeable associated advisers, including accountants, care home experts, and financial planners, whom we will consult and, where appropriate, involve to make the best decisions when handling your affairs.
Business Lasting Powers of Attorney
If you are a business owner it is particularly important that you appoint attorneys who can carry on your business effectively if you lose capacity. Often you will want to appoint different people to look after your personal affairs and your business affairs. We can also advise on a range of supportive measures so that you can assure the continuity of the business you have worked hard to build up if you are no longer able to make decisions yourself. These can include incorporating appropriate guidance and instructions within the business LPA and signing supportive documents to further protect the business.
Court of Protection
If a family member has already lost capacity, they will not be able to sign LPAs. However, applications can be made to the Court of Protection to enable deputies to be appointed to look after their affairs. We can also assist in making urgent interim orders, for example, if funds are urgently needed to pay for care fees. This can be a stressful process but we aim to make it as straightforward as possible. We are also able to appoint partners here to act as deputies in the event that there are no suitable family members who have experience acting as professional deputies.