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What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows a person (the donor) to appoint someone they trust (the attorney) to make decisions on their behalf.

The two types of LPA:

  1. Property and Financial Affairs. Allows attorneys to make decisions about:
    • Bank accounts and managing money.
    • Paying bills and handling utilties.
    • Selling or managing property.
    • Dealing with pensions, benefits, or investments.
  2. Health and Welfare. Allows attorneys to make decisions about:
    • Medical treatment.
    • Daily care and routines.
    • Where the donor lives.
    • Life-sustaining treatment (if explicitly stated).

The Property and Financial Affairs LPA can be used whilst the donor still has capacity, if the donor allows it.

The Health and Welfare LPA can only be used once the donor has lost capacity.

Key characteristics of an LPA:

  • A donor must be 18 or over and have mental capacity when making an LPA.
  • They must be registered with the Office of the Public Guardian (OPG) before they can be used.
  • Attorneys must always act in the best interests of the donor, following the principles of the Mental Capacity Act 2005, and within the scope of authority granted by the document.
  • More than one attorney can be appointed.
  • Preferences and instructions on how attorneys should act can be included.
  • The LPA must be signed in the correct order, first by the donor, then the certificate provider, and finally the attorneys.

What happens without an LPA?

If someone loses mental capacity and has not made a valid LPA, no one, not even a spouse, partner, or adult child, has the legal authority to manage their finances or make decisions about their care.

In this situation:

  • Bank accounts may be frozen, including joint accounts.
  • Bills and care fees may go unpaid while access is restricted.
  • Family members will have no legal say in care or treatment decisions.
  • Family or carers will need to apply to the Court of Protection for deputyship, which:
    • Can take several months.
    • Is significantly more expensive than an LPA.
    • Involves ongoing reporting and court supervision.
    • May result in the court appointing someone the person would not have chosen.