Published on: 20th January 2025

Back to Basics - Lasting Power of Attorney documents

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables an individual (known as the “Donor”) to appoint someone to make decisions about investments, assets, property or personal welfare.  An LPA can be used if the Donor is unable to make their own decisions or on occasions where they do have the ability to make decisions but feel it would be easier for someone they trust to do so instead.

There is no limit to the number of attorneys that can be appointed, but they should be someone the Donor trusts to always make decisions in their best interests.

What are the Benefits of LPAs?

LPA documents can help an individual plan how their financial affairs and medical needs will be dealt with and allows them to be able to lay the foundations for all of the following;

• Which decisions the Donor wants made for them if they lose mental capacity.
  
  
• Whom the Donor wishes to make such decisions.
  
  
• How the Donor would like these decisions to be made.

Are LPAs Safe?

Having LPAs in place is a very safe way of maintaining control over any decisions made for an an individual and this is because of the following factors;

• An LPA cannot be used until it has been registered with the Office of the Public Guardian (OPG), a division of the Court of Protection.
  
  
• The Donor has to choose someone to provide a 'certificate', which means they confirm that the Donor understands the significance and purpose of what they're agreeing to.
  
  
• The Donor’s signature and the signatures of all appointed attorneys all need to be witnessed.
  
  
• An attorney must, by law, act in the Donor’s best interests at all times.

How Many Types of LPA Are There?

There are two different types of LPA;

• Property & Financial Affairs – This LPA enables an attorney to make decisions about the Donor’s money and property.  This can be day-to-day decisions, such as paying a bill, or more complex decisions, such as selling the Donor’s property.  A Donor can decide whether their Property & Financial Affairs LPA can be used only when they lack mental capacity or as soon as the LPA is registered.
  
  
• Health & Welfare – This LPA enables attorneys to make decisions about the Donor’s health, care and medical needs.  Again, it covers day-to-day decisions as well as significant decisions, such as where to live and how medical treatment should be administered.  However, a Health & Welfare LPA can only be used when the Donor has lost the mental capacity to make decisions for themselves.

Do I Need Both Types of LPA?

It may be easier to ask which LPA will you need first?  This is because, without the gift of being able to predict the future, it is impossible to know in advance which type of LPA an individual will need.  Therefore, it is always best to have one of each LPA document in place so that everything is covered and nothing can occur in the future that has not already been prepared for.

How Can I Set Up LPAs?

If you would like to speak with one of our Consultants to discuss any of the issues raised in this article or any other estate planning topic please telephone 01732 868190 or click here.

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If you wish to give instructions or require general information about our Wills, Lasting Powers of Attorney, or Trusts then we will carry out a telephone or Zoom appointment.

However, if you wish to give instructions to one of our Consultants and you feel that you can only do this at a Face to Face meeting then we are offering, at our Consultant’s discretion, a limited number of Face to Face appointments in most of the areas we normally cover. To see the areas we normally cover please click here.

To arrange an appointment please telephone 01732 868190 or click here.

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