Lasting Powers of Attorney Explained
Here is a straightforward, jargon-free guide to understanding Lasting Power of Attorney in the UK. This will focus on what it is, why it matters, and how to set one up.
What they actually are
A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf if you’re ever unable to make them yourself. It is not just for elderly people. Anyone over the age of 18 can (and arguably should) set one up. You don’t need a solicitor to set one up as everything you need for LPAs can be found on the Gov.UK website.
The two types
1. Property and Financial Affairs LPA Covers things like paying bills, managing bank accounts, and selling property. This one can be used even while you still have full capacity, if you choose (with your permission each time).
2. Health and Welfare LPA Covers medical care decisions and where you live. This one only comes into effect if you lose the capacity to make those decisions yourself.
You can set up one or both. Most people do both, with the same or different attorneys for each.
Who to choose as your attorney
You need someone you trust completely . For the record this isn’t about who’s “good with money,” it’s about who will act in your best interests. You can appoint more than one person, and decide whether they must act together or can act independently.
How to set one up
- Choose your attorney(s) and, ideally, a backup (“replacement attorney”)
- Complete the LPA forms via gov.uk (you can do this online or by post)
- Have it signed by a “certificate provider” who confirms you understand what you’re doing
- Register it with the Office of the Public Guardian — this step is required before it can be used, and currently takes several months, so don’t leave it until it’s urgently needed
Common misunderstanding
An LPA is different from a will. A will only takes effect after death whereas an LPA only works while you’re alive but unable to act for yourself. Many people have one without the other and ideally you want both.
Quick Checklist
You will will have sorted your LPAs when you have:-
- Decided who your attorney(s) will be
- Decided whether to set up Property & Financial, Health & Welfare, or both
- Forms completed and signed
- Registered with the Office of the Public Guardian
- Attorney(s) know where the registered document is kept
LPAs give peace of mind
LPAs are not easy to complete and they can take a while to set up. However they bring peace of mind to both you and your family. They can be cancelled or changed if you feel your circumstances change but they’re a useful step to having a sorted life
What to do next
If you’re setting this up for a parent, read Supporting Ageing Parents first for the wider context.
Return to the Sorted Life Stages