A lasting power of attorney lets people you trust make decisions for you if you lose the capacity to make them yourself. It can only be made while you still have capacity, which is why planning ahead matters.
The two types
A property and financial affairs LPA covers bank accounts, bills and selling your home. A health and welfare LPA covers medical treatment and care decisions. Most people make both.
What happens without one
If you lose capacity without an LPA, your family must apply to the Court of Protection for a deputyship order. This is slower, more expensive and involves ongoing supervision.
Choosing attorneys
Pick people who are organised, trustworthy and willing. You can appoint more than one and decide whether they must act together or can act separately. Replacement attorneys are a sensible back-up.
Registering your LPA
An LPA must be registered with the Office of the Public Guardian before it can be used, which currently takes several weeks. We prepare, check and register your documents so they're ready when needed.
Written by
David Kerr
Senior Associate, Private Client
Full STEP member advising on wills, trusts, LPAs and estate administration.