Life is full of surprises, and while we often focus on the good, it’s important to prepare for the unexpected. A Lasting Power of Attorney (LPA) is a vital legal document that ensures your wishes are respected if you’re unable to make decisions for yourself due to illness, injury, or incapacity. Setting up an LPA might seem daunting, but it’s simpler than you think. Here’s an easy-to-follow guide to help you through the process.
What Is a Lasting Power of Attorney?
An LPA is a legal document that allows you (the donor) to appoint one or more trusted individuals (attorneys) to make decisions on your behalf. There are two types of LPAs in England and Wales:
- Property and Financial Affairs LPA: Covers decisions about your money, property, and finances, such as paying bills, managing bank accounts, or selling property.
- Health and Welfare LPA: Covers decisions about your health and personal welfare, such as medical treatment, living arrangements, and daily care.
You can choose to set up either one or both, depending on your needs.
Why Should You Set Up an LPA?
Without an LPA, your loved ones might face lengthy and costly court proceedings to gain the legal authority to make decisions on your behalf. An LPA gives you control, ensuring your choices are respected and reducing stress for your family during difficult times.
Steps to Setting Up a Lasting Power of Attorney
1. Decide Who Your Attorneys Will Be
Your attorneys will have significant responsibilities, so choose people you trust implicitly. Many people select family members, close friends, or professional advisors like solicitors. You can appoint more than one attorney and specify whether they must act together (jointly) or independently (jointly and severally).
2. Choose Your Preferences and Instructions
You can tailor your LPA to suit your needs by adding preferences and instructions. For example, you might include instructions for how your finances should be managed or specific preferences about medical care.
3. Complete the LPA Forms
The official forms can be completed online or downloaded from the UK Government website. Each type of LPA requires a separate form:
- Form LP1F for Property and Financial Affairs
- Form LP1H for Health and Welfare
Be thorough and precise when filling in the forms to avoid delays or rejections.
4. Have the Forms Signed and Witnessed
The forms must be signed by:
- You (the donor), to confirm you understand the LPA and its implications.
- A Certificate Provider, who verifies that you have the mental capacity to make the LPA and that you are not being coerced. This can be someone you know well (but not an attorney) or a professional such as a GP or solicitor.
- Your Attorneys, to confirm they accept their roles.
Each signature must be witnessed by an independent adult who is not an attorney.
5. Register the LPA with the Office of the Public Guardian (OPG)
An LPA is not legally valid until it has been registered with the OPG. Send the completed forms along with the registration fee (currently £82 per LPA) to the OPG. You may be eligible for a reduced fee or exemption if you’re on certain benefits or have a low income.
The registration process can take up to 20 weeks, so plan ahead.
Tips for a Smooth Process
- Double-check details: Small errors, such as incorrect dates, can cause delays.
- Seek advice if needed: If you’re unsure about any part of the process, consult a solicitor or legal advisor.
- Start early: Don’t wait until it’s too late—an LPA can only be set up while you have full mental capacity.
Frequently Asked Questions
Can I Cancel an LPA?
Yes, as long as you have mental capacity, you can revoke an LPA at any time by completing a Deed of Revocation.
What Happens if I Don’t Have an LPA?
Without an LPA, your loved ones may need to apply to the Court of Protection to become your deputy—a process that is more expensive and time-consuming than setting up an LPA.
Do Attorneys Have Unlimited Power?
No, attorneys are legally bound to act in your best interests and follow any instructions or preferences you include in the LPA.
Setting up a Lasting Power of Attorney is one of the most responsible decisions you can make for yourself and your loved ones. It provides peace of mind, knowing that your affairs will be handled according to your wishes, even if you can’t make decisions for yourself.
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