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A Lasting Power of Attorney (LPA’) is a legal document giving someone you trust (your Attorney) the power to make decisions on your behalf.

There are two types of LPA – Property & Financial Affairs and Health & Welfare.

Your Attorney can be anyone you choose. You should trust the person as they will be making important decisions on your behalf if you have lost capacity and are not able to. They need to be over 18 and cannot be bankrupt.

You should think carefully about the practicalities of who you appoint. Do they have the time? Are they willing to act? And is it convenient for them and you (for example are they local)?

A Health & Welfare LPA gives your attorney(s) power to make decisions about your daily routine (such as washing, eating, dressing), medical care, moving into a care home and life-sustaining treatment. It can only be used if you’ve lost mental capacity and are unable to make your own decisions.

To get a Health & Welfare Lasting Power of Attorney (LPA) you will need to complete a form LP1H. You will of course need to decide on who will be your attorney(s), and you will also need someone to act as your “certificate provider” (someone who knows you or a professional who can certify that you know what you’re doing, the implications of the LPA and that no one is forcing you to do it) and an independent witness. You will then need to send the signed form to the Office of the Public Guardian and pay the registration fee of £82.

As at summer 2022 the registration fee for a Lasting Poer of Attorney is £82 payable to the Office of the Public Guardian.

A property & affairs LPA is a legal document where you can appoint someone on your behalf to make decisions relating to your property and financial matters.

Depending on which option you select when making the LPA you can elect for them to act whilst you have capacity and if you lose capacity. You can also restrict it so they can only act when you no longer have capacity.

Yes, your attorney can sell your house! This assumes that there are no restrictions in the Lasting Power of Attorney precluding this.

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What is a lasting power of attorney (LPA)? What is a lasting power of attorney for health and welfare? Why is it important to get an LPA? What is the difference between an EPA and an LPA? What does a financial LPA do?

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