A Practical Guide to Lasting Powers of Attorney

Lasting Powers of Attorney (LPAs) were introduced in 2007 by the Mental Capacity Act 2005, replacing Enduring Powers of Attorney. A power of attorney allows someone else to make decisions on your behalf or help you make decisions if you lack the capacity to do so yourself.

When making an LPA, you must appoint at least one attorney, but you can have more if you wish. If you do have more than one attorney, you must decide whether you want them to act together, separately, or together for some decisions and separately for others.

There are two types of LPA: a property and financial affairs LPA, and a health and welfare LPA. A property and financial affairs LPA allows your attorney(s) to make decisions about your money and property, such as managing bank accounts, paying bills or selling your home. A health and welfare LPA allows your attorney(s) to make decisions about things such as medical care, moving into a care home and life-sustaining treatment. You can make either or both types of LPA. A property and financial affairs LPA can be used as soon as it is registered, with your permission, whereas a health and welfare LPA can only be used if you are unable to make decisions for yourself.

Once you have made an LPA, you must register it with the Office of the Public Guardian (OPG). It takes eight to ten weeks to register an LPA if there are no mistakes in the application. It currently costs £92 to apply to register an LPA, so registering both a property and financial affairs LPA and a health and welfare LPA would cost £184. You can apply for a reduction if you earn less than £12,000. You may be able to obtain an exemption if you receive certain benefits, such as Income Support.

An LPA must be signed by a certificate provider, who confirms that you are making the LPA by choice and understand what you are doing. The certificate provider cannot be related to, or an employee of, you or the attorney(s), and must have known you well for at least two years. The certificate provider could also be a professional such as a solicitor, barrister or doctor.