A Lasting Power of Attorney (LPA) is just as important as a Will. But lots of people don’t know what it is, or why they might need one but if you listen to Martin Lewis, you might have heard about them.
Here’s what you need to know.
What is a Lasting Power of Attorney?
An LPA is a legal document. It lets you choose someone you trust to make decisions for you if you lose the ability to make them yourself.
There are two types:
- Health and welfare – covers decisions about medical care, daily routine, or life-sustaining treatment.
- Property and financial affairs – covers money, bills, property, and bank accounts.
You can make one type or both.
Why it matters
If you lose mental capacity and you don’t have an LPA in place, your family can’t just step in. They might need to apply to the Court of Protection. That takes time, costs money, and is stressful.
An LPA gives you control. You choose who acts for you. You decide how much power they have. You set the rules, while you’re still able to.
Two high profile examples are: Derek Draper (husband of TV Presenter Kate Garroway) and Author Heather Bateman whose husband also lost capacity.
Who can make an LPA?
Anyone over 18 can make an LPA, as long as they have mental capacity. That means you understand what the document means and what powers you’re giving.
Don’t wait until something goes wrong. LPAs are only valid if made while you still have capacity. Once that’s gone, it’s too late.
What’s involved?
Here’s what you’ll usually do:
- Choose your attorneys (the people who will act for you)
- Decide what powers they should have
- Choose when it should take effect
- Get it signed and witnessed properly
- Register it with the Office of the Public Guardian (OPG)
The LPA can’t be used until it’s registered. That process takes around 8 –12 weeks.
Common mistakes
Here are a few things that often go wrong:
- Choosing someone who isn’t reliable
- Not explaining your wishes clearly
- Forgetting to register the LPA
- Making errors in the form (which can lead to it being rejected)
Who should you choose as your attorney?
Choose someone you trust. That might be a family member, friend, or professional. You can also name more than one, and set out how they must make decisions , together, separately, or a mix of both.
Think carefully. These people could one day make big decisions on your behalf.
When should you make one?
As soon as possible. LPAs aren’t just for older people. Illness, accidents, or mental health issues can affect anyone at any age.
If you wait until you need it, you’ve waited too long.
Where should you keep it?
Once it’s registered, keep the original safe. You can also order certified copies. Give a copy to your attorneys and keep a note of who has it.
Do you need a solicitor?
You don’t have to use one. But the forms are long and detailed. Mistakes are easy to make , and the OPG will reject it if it’s wrong.
We’ve seen plenty of DIY forms that don’t work when they’re needed. A solicitor like us can help you get it right the first time.
What to do:
An LPA gives peace of mind. It protects you and your family from future problems. It’s a simple step with a big impact.
If you’re not sure how to start, get in touch. Tomi will talk you through it.
