We all believe we’ll be in control of our own lives for good — until something goes wrong and we can’t. An unexpected illness, a slip or simply getting older can leave you unable to manage your money or decide on your life. That’s where a Lasting Power of Attorney (LPA) comes in useful. It is a fall-back that puts someone you trust in charge, just in case.
If you don’t know what an LPA is, whether you need one, or how to get it sorted, this guide will sort you out. Making one isn’t being doom-and-gloom — it’s taking care of yourself and the people who will have to look after you if things go wrong.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a document that enables you (the ‘donor’) to appoint someone else (the ‘attorney’) to make decisions on your behalf if you are no longer able to do so.
There are two types:
Health and Welfare LPA
This enables your attorney to make decisions regarding your day-to-day care, medical treatment and where you live — but only when you cannot make these decisions yourself.
Property and Financial Affairs LPA
This provides authority to deal with your money, pay bills, operate bank accounts or even dispose of your property if the situation calls for it. It may be established while you have capacity but only if you agree.
You can make one or both, depending on your situation.
Why Should You Consider Making One?
Most believe their partner or family members can automatically take over if something happens to them — but they can’t. If you didn’t have an LPA, your family would have to apply to the Court of Protection to gain legal powers, which is expensive and slow.
Having an LPA in place now ensures:
- You decide who you want to look after you.
- Your relatives won’t be left wondering or squabbling about what to do.
- Your wishes for care and finances are respected.
- You avoid delays if quick decisions are needed.
- You’re protected from decisions being made by people who don’t know you.
An LPA only becomes urgent when it’s too late to set one up. Doing it early removes that risk.
Who Can Be an Attorney?
Your attorneys must be individuals you can trust to act sensibly. This could be your spouse, an adult child, a close friend or professional like a solicitor.
They must be:
- Over the age of 18
- Mentally capable
- Not bankrupt (if they will be handling money)
You can choose more than one attorney and state how they operate — jointly, individually, or a combination depending on the decision.
When Should You Make an LPA?
The time to do it is before you need one — when you’re still fully able to make your own choices.
Stroke, car accident, dementia — anything can affect your ability to decide things, and by the time it does, it’s too late to prepare an LPA. You must have mental capacity when you sign and register the document.
Even if you’re young and healthy, it’s good life planning — such as leaving a will or taking out insurance. It is not doomsday thinking; it’s being prepared just in case.
How Do You Make a Lasting Power of Attorney?
You can fill in the forms yourself through the Office of the Public Guardian’s (OPG) online service, or have a solicitor help.
This is what you need to do:
- Select your lawyer(s)
- Fill in the LPA forms — online or on paper
- Have them signed and witnessed in the right order
- Send them to the OPG to be registered
- Pay the registration fee (£82 per LPA at present)
It will take around 8 to 10 weeks to register. Once it’s done, your lawyer can act when needed — depending on the type of LPA and your state.
You may also add preferences or instructions, for instance:
- Whether your attorney can decide regarding life-sustaining treatment
- How you’d like your money managed
- What kind of home care you’d tolerate, if necessary
Can You End or Change an LPA?
Yes — as long as you still have mental capacity. You can terminate a current LPA, change your attorney or make a new one at any time.
It’s also a good idea to review your LPA periodically, particularly if your situation changes — such as divorce, if your lawyer falls ill, or if relationships change.
Myths About LPAs
“I’m too young to have one.”
Emergencies pay no attention to age. LPAs aren’t only for seniors.
“My partner can make decisions for me anyway.”
They can’t — without legal permission. Even married couples require an LPA.
“It’s too complicated.”
The forms are easy to fill out, and there is support to refer to if you get stuck.
Last Word
Making a Lasting Power of Attorney allows you to unwind knowing that if circumstances do change, the individuals you trust are entitled under law to take decisions on your behalf.
Don’t wait until there’s a crisis. Whether you do it for yourself or for someone you care about, organizing an LPA in advance reduces future inconvenience.
