Plan ahead. Protect your choices and give the people you trust the ability to help.
None of us knows what the future holds. A Lasting Power of Attorney (LPA) allows you to choose people you trust to make important decisions for you if there comes a time when you are unable to make those decisions yourself.
It isn't just something to think about later in life. An accident, illness or unexpected change in circumstances can happen at any age. Putting an LPA in place while you have mental capacity means you stay in control of who you want to act for you and how you would like decisions to be made.
We make the process straightforward. Our friendly team will explain your options clearly, help you make the choices that are right for you and guide you through preparing and registering your Lasting Power of Attorney.
Talk to us about making your LPA and Lifetime planning.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you, known as the donor, to appoint one or more people you trust, known as your attorneys, to make certain decisions on your behalf.
There are two different types of Lasting Power of Attorney
Association of Lifetime Lawyers highlighting the importance of getting trusted advice.
Lasting Power of Attorney – why use an expert?
Property and Financial Affairs LPA
This can give your attorneys authority to help with decisions involving your money and property, including:
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managing bank and building society accounts
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paying bills
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dealing with pensions and benefits
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managing investments
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dealing with property
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buying or selling your home
A Property and Financial Affairs attorney may be able to act while you still have mental capacity if the LPA permits this and you give them permission. Otherwise, they can act when you no longer have mental capacity. This distinction is confirmed by current Office of the Public Guardian guidance.
Health and Welfare LPA
A Health and Welfare LPA is about decisions concerning your personal wellbeing and care.
It can cover decisions about matters such as where you live, your day-to-day care and medical treatment. You can also decide whether your attorneys should have authority to give or refuse consent to life-sustaining treatment.
A Health and Welfare LPA can only be used when you are unable to make the particular decision yourself.
Why should you make a Lasting Power of Attorney?
An LPA is about having a plan before you need one.
Many people assume their husband, wife, partner or children will automatically be able to make decisions for them if they become unable to manage their own affairs. Putting the appropriate legal authority in place gives the people you choose a clear basis on which to act for you.
More importantly, you make those choices yourself while you are able to do so.
Choose who you trust
You decide who should make decisions for you rather than leaving the position uncertain.
Protect your finances and property Your chosen attorneys can have authority to manage financial matters in accordance with the LPA. Plan for your health and care You can decide who you would trust to make important welfare decisions if you cannot make them yourself. Give your family greater certainty The people closest to you know whom you have chosen and the authority you have given them. Stay in control of your future Making an LPA isn't about giving up control. It's about deciding today who you would trust to help if you need them tomorrow.
Are you too young to make an LPA?
It is easy to associate Lasting Powers of Attorney with old age, but incapacity isn't necessarily age-related.
An unexpected illness or accident could affect someone's ability to make decisions at any stage of adulthood.
The important point is that an LPA needs to be made while you have the mental capacity to make it. Planning ahead means those important choices remain your choices.
Who should you choose as my attorney?
Choosing your attorney is one of the most important parts of making an LPA.
Your attorney doesn't normally need to be a legal professional. What matters is that you choose someone you know, trust and believe will act in your best interests.
This could be your spouse or partner, an adult child, another family member or a trusted friend.
Think about someone who:
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understands you and what matters to you
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is comfortable taking responsibility
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can make sensible decisions when needed
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can work well with any other attorneys you appoint
You can appoint more than one attorney and decide how you want them to make decisions. You may also be able to appoint replacement attorneys who can step in if one of your original attorneys is no longer able to act.
Making a Lasting Power of Attorney with RG Law
An LPA is an important legal document. We believe you should understand the choices behind the form, rather than simply be asked to complete paperwork.
Our team will guide you through the process in plain English and help you consider:
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which type of LPA is right for you
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who you want to appoint as your attorney or attorneys
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whether to appoint replacement attorneys
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how multiple attorneys should make decisions
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whether you would like to include particular preferences or instructions
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completing and registering your LPA
Once completed, your LPA needs to be registered with the Office of the Public Guardian before it can be used.
With RG Law, you'll have someone to guide you through the process, answer your questions and help ensure your LPA reflects your wishes and the people you trust.
Can I change or cancel my LPA?
Life changes, and the arrangements you make today may not always remain right for you.
Relationships can change, an attorney's circumstances might change, or you may simply decide that you would prefer to make different arrangements.
Provided you have the necessary mental capacity, it may be possible to end your LPA or make new arrangements.
If your circumstances have changed, it is sensible to take advice before making changes so you understand what happens to your existing LPA and whether a new one may be required.
Already have an LPA, but your circumstances have changed? Talk to RG Law and we can help you understand your options.
Lasting Power of Attorney FAQs
What are the two types of Lasting Power of Attorney?
There are two types: a Property and Financial Affairs LPA, which covers decisions about your money and property, and a Health and Welfare LPA, which covers decisions about your health, care and personal wellbeing.
You can choose to make one or both.
Do I need both types of LPA?
You don't have to make both, but they protect different areas of your life. Many people choose both so that arrangements are in place for their financial affairs as well as their health and welfare.
Can my husband, wife or partner automatically make decisions for me?
You shouldn't assume that being married or in a relationship automatically gives your partner the legal authority to make all decisions on your behalf. An LPA allows you to formally choose who you want to act for you and the authority they will have.
Can I appoint more than one attorney? Yes. You can appoint more than one attorney and decide whether they should make decisions together, separately, or in a particular way depending upon the decision. Do my attorneys need to be solicitors? No. Your attorneys don't generally need legal training. The important thing is choosing people you trust and who you believe are capable of taking on the responsibility. When can my attorneys start acting? This depends on the type of LPA. A Property and Financial Affairs LPA can potentially allow your attorneys to act while you still have mental capacity if the LPA permits this and you give them permission. A Health and Welfare LPA can only be used for a decision when you are unable to make that particular decision yourself. What happens if I don't make an LPA? If you lose mental capacity without an appropriate LPA in place, the people closest to you may not have the legal authority they need to make certain decisions for you. Dealing with matters at that stage can be more complicated, which is why making your choices in advance can be valuable. Can I make a Lasting Power of Attorney myself? There are official forms available, but an LPA can give another person significant authority over important areas of your life. Taking legal advice can help you understand your options and ensure that the arrangements you make properly reflect what you want. Do I need a Will as well as an LPA? They serve different purposes. A Will sets out what you want to happen to your estate after your death. A Lasting Power of Attorney deals with who can make certain decisions for you during your lifetime. Having both can form an important part of planning for the future.
