A Lasting Power of Attorney (LPA) gives legal authority to someone to deal with your affairs, should you ever be unable to do so yourself.
There are two types of LPA, one for property and financial affairs and one for health and welfare. It is generally recommended that everyone should put LPAs in place so that if they ever need help, their attorney can step in to provide it.
This means that should someone lose the mental capacity to make their own decisions, they will have the support they need. Without an LPA, it is not possible for someone else to carry out legal transactions on your behalf without obtaining an order from the court, which is a lengthy process.
Property and financial affairs LPAs
A property and financial affairs LPA gives your attorney the authority to deal with money-related matters on your behalf, such as:
- Accessing bank accounts
- Paying bills
- Insuring property
- Collecting benefits
- Making investments
If you want, you can allow your attorney to use the LPA while you still have capacity yourself. This can be useful if you are away or have difficulty in getting to the bank.
Health and welfare LPAs
A health and welfare LPA will allow your attorney to make decisions about your care and wellbeing on your behalf, including:
- Where you will live
- What day-to-day help you will have
- What your daily routine will be
- What medical treatment you will receive
- What medical treatment will be refused on your behalf
Unlike a property and financial affairs LPA, a health and welfare LPA can only be used once the person who made it (the donor) has lost mental capacity.
Registering an LPA
An LPA can only be used once it has been registered with the Office of the Public Guardian (the OPG). So that the LPA is ready to use, should it ever be needed, it should be registered as soon as it has been made.
The OPG will usually take several months to process an application to register an LPA. They may also have questions that will need to be answered before the registration can be completed.
By registering the LPA straightaway, you will have time to deal with the queries and ensure that the LPA is correctly dealt with.
How is an LPA registered?
You can choose up to three people to notify of your LPA. This is a safeguarding measure. Their names will be included on the LPA and they will receive official notification of any application to register the LPA. They will then have the opportunity to object if they have any concerns about the decision or the choice of attorney.
Once the people to be notify have been told, they have three weeks in which to respond. During this period, the LPA can be sent to the OPG to be registered.
There is a fee of £82 for each type of LPA, unless you have an exemption.
Once the LPAs have been registered, they can be kept until they are needed.