A Lasting Power of Attorney (often called LPA) is a legal document that lets other people (known as ‘attorneys’) make decisions for you should you want them to, or if you become unable to do so yourself. You (known as the ‘donor’) must be over 18, and of ‘sound mind’.
What types of LPA are there?
There are two types of Lasting Power of Attorney:-
- Property & Affairs – dealing with cash assets and houses/buildings
- Health & Welfare – dealing with your health and care, right through to end of life treatment decisions
How do I get Lasting Power of Attorney?
You get an LPA by completing prescribed forms, and then registering them with the Office of the Public Guardian (OPG).
Is there a Court fee?
Yes. The OPG charge £82 to register each LPA. This is true whether you prepare the forms yourselves, or you have a solicitor do it for you.
How much is a Lasting Power of Attorney?
Doing the LPA forms is FREE is you are happy to them yourselves. The government website has a whole section on creating Lasting Power of Attorneys where you can also create one online.
But, beware! It is a VERY ‘admin’ heavy process! Why not let us do all the hard work for you? We can anything from just acting as your Certificate Provider, through to dealing with the whole application process and registering the LPAs with the OPG too.
CHECK OUR CURRENT PRICES >
Who can be my Lasting Power of Attorney?
Any one you would like! But, remember it is a big ask and likely to create a lot of work for someone if you do loose capacity. Come what may, your LPA should be:-
- Over 18
- Sound mind
- NOT bankrupt
Can I include restrictions in my Lasting Power of Attorney?
Yes you can, but do you want to. There is a worthy school of thought that you should (a) choose your attorney(s) carefully and then (b) not try to tie their hands. Who knows what the future might hold, and despite all of your best intentions, creating restrictions may end up creating issues in the future.
READ MORE ABOUT RESTRICTIONS HERE >
What is a Certificate Provider?
Your Certificate Provider is confirming to the OPG that you are:-
- Of sound mind
- Understand the full implications of the LPA and what it does; and
- You are not being put under pressure by anyone to make it
READ MORE ABOUT CERTIFICATE PROVIDER >
If you would like to do a DIY LPA, but need a Certificate Provider, this is a service that QLAW offers.
What is the difference between Lasting and Enduring Power of Attorney?
Lasting Power of Attorney now has two specific types: Property & Affairs, and Health & Welfare. Enduring Power of Attorney was just one simple ‘catch all’ appointment. LPAs replaced EPAs in 2007. But, an EPA made prior to that remains valid.
READ MORE ABOUT EPA v LPA >
Do I need an LPA if I have an EPA?
Your call. The Health & Welfare is the most notable addition that came into force with LPAs (ie over the old EPA). This allows your appointed attorneys to have notable responsibility right through to issues around end of life treatment.
How to Register a Lasting Power of Attorney
You must register your completed LPAs either online at Gov.uk, or if you have plumped to apply by paper then you must send it to:-
Office of the Public Guardian
PO Box 16185
How to activate Lasting Power of Attorney
When it comes to actually using the LPA in practice, this is likely to be when the donor loses capacity. This may be ‘black and white’ eg after a stroke or other major medical issue, or more likely a gradual process over time. Read more about who decides if I have lost capacity here.
Whenever that time comes, your attorney’s will need to register themselves with each and every bank, investment, local council etc to then look after things on your behalf. Historically that was a laborious task often attending personally at each and every organization with the LPA. There is now an electronic secure access available via the Gov.uk online service in which your attorneys can provide access to banks and so on online.
READ MORE ABOUT ONLINE ACCESS TO LPAs >