A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘Donor’) appoint one or more people (known as ‘Attorneys’) to help you make decisions or to make decisions on your behalf and in your best interests. These decisions relate to finance and property, health and welfare. An Attorney could be a spouse/partner, a family member, a friend or a professional.

An LPA helps you to have more control over what happens to you if you have an accident or an illness and cannot make or carry out your own decisions (often referred to as a ‘lack of capacity’). Additionally, if you have capacity but need assistance for any reason, should you wish to, you can request your Attorney to act in your behalf. LPAs are only valid whilst the Donor is alive.

You must be over the age of 18 and have mental capacity (the ability to make your own decisions—Mental Capacity Act 2005) to be able to make an LPA. In some cases, an independent assessment of capacity may be required prior to making an LPA.

Once the relevant forms are completed these are submitted to the Office of the Public Guardian (‘OPG’) for registration. This process can take a number of weeks. The OPG registration fees for an LPA vary depending on your personal financial circumstances.

Care should be exercised when making your LPA. If you have any digital assets (a mobile phone, online accounts etc.), invested funds, a business (or a Director of a business), it is recommended that you insert additional clauses into the LPA before Registration, to ensure that your Attorney can act on all matters in your best interests.

NOTE: The process for LPAs is different in Scotland and Northern Ireland.