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What is a Lasting Power Of Attorney

A Lasting Power of Attorney is a legal document which lets you appoint someone (or multiple people) who you trust to act on your behalf in different areas of your life.

Do I need a solicitor?

You don’t have to seek legal advice, or use a solicitor, in order to make an LPA. Many people find that they are able to complete the form without legal help.

However, an LPA is a powerful and important legal document, and it can be a good idea to seek advice from a legal adviser with experience of preparing them. This is likely to cost. You might want to look at the LPA forms and read the guidance notes first, and then see if you feel you need legal advice.

What happens if I don’t make an LPA?

If you don’t make an LPA, and later become unable to make certain decisions for yourself, there may be a time when no one can legally make decisions for you. This can make things difficult, such as paying bills or care costs, or making decisions about your future care.

If this happens, someone may need to apply to the Court of Protection to become your deputy. This gives them similar powers to that of an attorney. A relative or friend can apply to be your deputy, or a professional may be appointed. The process of becoming a deputy is a lot more time-consuming and expensive than an LPA. A deputy must also do some things on an ongoing basis, such as paying an annual fee and submitting an annual report, so it is usually easier for someone to be an attorney rather than a deputy. 

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Who should make a LPA?

Anyone over the age of 18 can have a LPA, although most people tend not to think about it until they're older. However, it’s often wise to set up an LPA whatever your age. It’s also a good idea for people in potentially dangerous jobs that might cause them to lose mental capacity (such as firefighters and construction workers), to have an LPA ready, just in case they have an accident at work that leaves them incapacitated (for example, in a coma) and need people to make decisions for them.

Can a married couple have a joint LPA?

No. LPAs are personal so you will need to set up your own LPA. However, they can be set up at the same time, and by the same solicitor.

Who should you pick as an attorney on a LPA?

 The attorneys need to be over 18 and not subject to a debt relief order or declared bankrupt. Other than that, it’s up to you. However, you should pick someone who knows you well, is organised and interested in ensuring that your wishes are met, and most importantly, someone who can be trusted. Many people pick their spouse, children or siblings, but you can also pick a professional such as a solicitor or doctor.

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