Planning for the future is essential, especially when it comes to making important decisions about your finances, health, and welfare.  

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make important decisions on your behalf if you become unable to do so. 

In this guide, we’ll cover the following topics: 

• What is a Lasting Power of Attorney (LPA)? 
• Types of LPA? 
• Why make an LPA? 
• Can you have more than one LPA? 
• What happens if you don’t have an LPA? 
• Can an LPA be revoked? 
• How to choose the right solicitor to oversee you making an LPA 
• How to arrange a Power of Attorney 

Whether you're planning for financial security or future healthcare decisions, this Lasting Power of Attorney Guide will help you navigate the process with confidence. 

What is lasting power of attorney?

A Lasting Power of Attorney (LPA) is a legal document that empowers you to designate a trusted individual to make decisions on your behalf should you become incapable of doing so. This proactive measure ensures that your personal, financial, and health-related affairs are managed according to your preferences, providing peace of mind for both you and your loved ones. 

Types of LPAs 

There are two distinct types of LPAs: 

1. Property and Financial Affairs LPA: This allows your appointed attorney to handle financial matters such as managing bank accounts, paying bills, and selling property. 

2. Health and Welfare LPA: This permits your attorney to make decisions regarding your medical care, living arrangements, and daily routines. 

Why make a lasting Power of Attorney? 

Planning for unforeseen circumstances is essential to ensure your affairs are managed according to your wishes. It can make things much simpler for your loved ones if you become unable to make decisions. Establishing a Lasting Power of Attorney (LPA) empowers you to appoint trusted individuals to make decisions on your behalf if you're unable to do so.  

Here are five compelling reasons to set up an LPA: 

1. Maintain Control Over Your Future 

By creating an LPA, you select who will act as your attorney, ensuring that decisions about your health, welfare, and finances are made by someone you trust. Without an LPA, the Court of Protection may assign this responsibility to someone you might not have chosen or someone you don’t believe has your best interests at heart. 

2. Immediate Assistance When Needed 

A registered Property and Financial Affairs LPA allows your attorney to assist you, with your consent, even if you haven't lost mental capacity. This means that during times of illness or if managing affairs becomes overwhelming, your attorney can step in to help. They can only make decisions on your behalf without your consent if you lose the ability to make decisions yourself. 

3. Built-in Safeguards for Your Protection 

Attorneys are legally obligated to act in your best interests, adhering to the Mental Capacity Act 2005. If concerns arise about their conduct, the Office of the Public Guardian can investigate and, if necessary, remove them from their role. 

4. Flexibility with Multiple Attorneys 

You can appoint multiple attorneys to act jointly (together) or jointly and severally (independently). This arrangement provides continuity if one attorney can no longer serve and offers reassurance that decisions are made collaboratively. Additionally, you can designate successor attorneys to step in if an original attorney becomes unable to act. 

5. Alleviate Burden on Loved Ones 

Without an LPA, your family may face challenges in making decisions on your behalf. They would need to apply for a deputyship through the Court of Protection, a process that can be time-consuming, costly, and stressful.  

The fees can increase if there are complications like objections from other family members, and there are also court fees. 

Once the application has been sent to the Court it usually takes 3 – 6 months for the Deputy or Deputies to be appointed. It can be a complex process which is why some people ask a solicitor to manage it on their behalf.  

Without an appointed attorney, financial matters may become complicated, and medical or care decisions may not align with your preferences. An LPA ensures that someone you trust is legally authorised to act on your behalf. 

In contrast, an LPA enables your attorney to make immediate decisions, ensuring timely management of your affairs. 

Think of an LPA as an insurance policy: you hope never to need it, but having it in place provides security and peace of mind for both you and your loved ones. Setting up an LPA is more straightforward and affordable than many assume, and it can prevent significant stress and expense in the future. 

For guidance on creating an LPA, consider consulting with legal professionals who specialise in this area to ensure your wishes are accurately documented and legally binding. 

Can You Have More Than One Lasting Power of Attorney? 

Yes, you can appoint more than one person as your attorney. When setting up a Lasting Power of Attorney (LPA), you have the option to choose multiple attorneys and decide how they will make decisions. You can specify whether they must act jointly (together on all matters) or jointly and severally (independently or together). This flexibility allows you to distribute responsibilities and ensure that key decisions are always made in your best interests. It also protects you should one of your attorneys die or is no longer able to help you. 

What Happens If You Don’t Have Power of Attorney? 

If you lose the ability to make decisions and do not have a power of attorney in place, your loved ones will not have the automatic right to manage your affairs. 

Can Power of Attorney Be Revoked? 

Yes, if you are still mentally capable, you can remove power of attorney at any time by revoking the LPA. This must be done in writing and sent to the Office of the Public Guardian (OPG). If the person granted power of attorney is not acting in your best interests or is abusing their authority, concerns can be raised with the OPG, which can investigate and, if necessary, take legal action to remove the attorney. In cases where the donor has already lost capacity, family members may need to apply to the Court of Protection to request the attorney's removal. 

How to choose the right solicitor to oversee you making an LPA 

An LPA is a powerful tool that can significantly affect your finances, wishes and legacy. 

Choosing the right solicitor to assist with your Lasting Power of Attorney (LPA) in England is essential to ensuring the process is legally sound and reflects your best interests.  

An experienced solicitor can guide you through the legal requirements set by the Office of the Public Guardian (OPG) and help you make informed decisions about who should act on your behalf. 

When selecting a solicitor, look for someone with specific expertise in LPAs and Court of Protection matters. A solicitor who regularly handles LPAs will be familiar with potential challenges and can provide tailored advice, especially if your financial or healthcare needs are complex.  

Ensure they are regulated by the Solicitors Regulation Authority (SRA) or are a member of professional bodies such as STEP (Society of Trust and Estate Practitioners) or Solicitors for the Elderly (SFE), which specialise in later-life legal planning. 

Cost is another key factor. Solicitors’ fees for LPA services in England can vary, so request a clear breakdown of costs upfront. Some may offer fixed fees, while others charge hourly rates. It’s also worth checking whether they provide additional services, such as acting as a certificate provider or offering home visits if mobility is a concern. 

Finally, consider how well the solicitor communicates. The LPA process involves important legal decisions, so you need someone who can explain everything in clear, straightforward terms. A solicitor who takes the time to ensure you understand your options will give you confidence that your LPA is set up correctly and in line with English law. 

If you are considering setting up an LPA, it is important to seek professional advice to ensure that it meets your needs and is set up correctly. 

How to arrange a power of attorney? 

Establishing a Lasting Power of Attorney (LPA) is a crucial step in planning for your future, ensuring that trusted individuals can make decisions on your behalf if you're unable to do so. Here's a streamlined guide to help you through the process: 

1. Select Your Attorney(s) 

Choose someone over 18 whom you trust implicitly to act in your best interests. For property and financial affairs LPAs, your attorney can be an individual or a trust corporation, such as a bank or firm of solicitors. For health and welfare LPAs, only individuals can serve as attorneys, typically family members or close friends. 

2. Appointing Multiple or Replacement Attorneys 

You may designate more than one attorney. Specify in the LPA whether they are to act jointly (making all decisions together) or jointly and severally (making decisions together or independently). For instance, selling a house might require joint decisions, while managing a bank account could be handled jointly and severally. Be aware that joint appointments can complicate matters; if one attorney can no longer serve, a new LPA may be necessary, provided you have the mental capacity to create one. It's wise to appoint replacement attorneys who can step in if the original ones are unable to act. 

3. Choosing a Certificate Provider 

A certificate provider confirms that you understand the LPA and are not under duress to create it. This individual can be someone who has known you well for at least two years, like a friend or neighbour, or a professional such as a solicitor or doctor. The certificate provider cannot be under 18, a family member, your attorney or replacement attorney, a business partner or paid employee, or an employee of the care home where you reside. 

4. Determining the Type of LPA 

Decide whether you need an LPA for property and financial affairs, health and welfare, or both. You might opt to appoint different attorneys for each area, depending on who is best suited for the responsibilities involved. 

5. Defining Your Attorney's Powers 

Clearly outline any restrictions or specific instructions regarding your attorney's authority. For example, you might withhold permission for them to manage a particular property or make certain medical decisions. Detailing these preferences ensures your wishes are honoured. 

By thoughtfully considering each of these steps, you can create an LPA that provides clarity and security for your future, ensuring your affairs are managed according to your wishes. 

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