Lasting Powers of Attorney (LPA)

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Please contact us to book an appointment or feel free to drop-in.

A Lasting Power of Attorney is a document that gives power to another person (called your ‘Attorney’) to make decisions for you. They are needed because the law doesn’t allow another person to do this for you without one, even if you are married.

There are two types of Lasting Power of Attorney:

Property and Financial Affairs
Health and Welfare

As many as you want, but remember that the more people involved the more drawn out a decision may become.

Yes, you can make a Power of Attorney yourself if you are well enough to do so. You cannot make a Power of Attorney for another person if they don’t have the mental capacity to understand what the document is, and the decision they are making.

No. Your attorneys can only make decisions for you if you don’t have the mental capacity to do so, or if you give them permission to make the decision for you / act on your behalf. At Lawson West, we employ extra precautions for our clients if they wish to use them to dissuade any misuse of a Lasting Power of Attorney.

The Donor is the person giving away the power to the other people i.e. the person making the document. The donor is named on page 1 of the Lasting Power of Attorney.

The Attorney, or Attorneys, are the people being given the power by the donor. This is often the Donor’s partner, children, solicitor, or good friends.

The Certificate Provider confirms to the Office of the Public Guardian that the donor has mental capacity to make a Lasting Power of Attorney. It is a very responsible role, as if it is found that the donor did not, the Certificate Provider is held accountable. If you use a solicitor to make your Lasting Powers of Attorney, they will often act as your certificate provider.

EPAs is an old version of an LPA for Property and Financial Affairs. They do not require immediate registration with the Office of Public Guardian to be used (unlike a Lasting Power of Attorney), unless the attorneys feel that the donor has lost, or is losing, mental capacity.

General Powers of Attorney are documents that allow another person to act for you immediately. They do not require registration, and can be created instantly. However, if the donor loses mental capacity, they end immediately.

They are useful for short term assistance, and generally we create them to bridge the long gap between creation and registration of an Lasting Power of Attorney.

They are also known as ordinary powers of attorney.

Until the donor (the person who made the document and gave the power away) dies or cancels the document. If it is a General Power of Attorney, it finishes either at the event specified in the document being completed, on the loss of mental capacity of the donor or when the donor dies.

Yes, just contact the Office of the Public Guardian to cancel your own Lasting Power of Attorney. If you want to cancel a Power of Attorney for someone who doesn’t have capacity, you will need to make an application to the Court of Protection.

Registration of a Lasting Power of Attorney takes around 20 weeks at present from the date of submission.

You cannot make a Power of Attorney for another person if they don’t have the mental capacity to understand what the document is, and the decision they are making. Instead, you will need to apply to the Court of Protection for a Deputyship order.

Since 1 October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney. However, any existing Enduring Power of Attorney made before 1 October 2007, is still valid but only in respect of Property and Affairs.

If you’d like us to draft a Lasting Power of Attorney you will need to provide us with the following information:

Your full name and any previous names (e.g. maiden name), date of birth, address, telephone number, mobile phone numbers and email address
The names and contact details of the person or people you have chosen to act as your attorney(s). (If you want to make both a Personal Welfare and a Property and Affairs LPA, let us know if you want to appoint the same or different attorneys for each).
If you choose to appoint more than one attorney, you will need to consider whether you want them to work together or have the ability to work alone.
You will also need to tell us if you require any restrictions to be placed on your attorneys, e.g. if there are specific assets you don’t want them to have power over, such as a house. If you have any personal views you want them to take into consideration about medical treatment or care, then this needs to be recorded as well.

An LPA cannot be used by the attorney until it has been registered with the Office of the Public Guardian. Before an LPA can be registered, it is necessary to notify members of your family or friends whose details are in the LPA that it is the intention of your attorney to register the LPA.

Once registered with the Office of the Public Guardian, your LPA can be used by your attorney in determining matters to do with your Personal Welfare or Property and Affairs.

Although LPAs are mainly designed to be activated following the loss of mental capacity, a Property and Affairs LPA can also be put into action if you still have mental capacity, but would prefer someone else to deal with such matters for you.

There are two types of LPA, which allow you to choose someone to act on your behalf as your attorney, in relation to either your Property and Affairs or your Personal Welfare.

If you make a Property & Affairs LPA, your attorney can make decisions about matters such as buying or selling property, managing your bank account or claiming benefits for you. If you make a Personal Welfare LPA, your attorney will be able to make decisions about where you should live, your medical treatment and any day to day care you require.

When you make an LPA, it allows you to decide who you would like to deal with your affairs in the future, if you are unable or unwilling to deal with them yourself.