Lasting Power of Attorney
Having a lasting power of attorney in place ensures peace of mind for everyone
Lasting power of attorney (LPA) is a legal document that allows a person to appoint one or more persons to make decisions on their behalf if they become unable to do this themselves due to lack of capacity.
For many people, having an LPA in place can save much stress further down the line. Arranging an LPA in advance means that that a person can have more input and control over their affairs by having discussions with their attorney’s about their wishes. In turn, attorney’s have the power to ensure that they are able to act in the best interests of their loved ones when the time comes.
What does it mean to lack capacity?
To lack mental capacity means that a person no longer has the ability to make decisions for themselves. This can happen for a number of reasons including poor mental health or the development of a condition such as dementia.
When can you appoint an attorney?
A donor (the person for whom the attorney will make decisions) must have capacity at time of appointing. If it becomes necessary for an attorney to be appointed and the donor has been deemed to have lost capacity, an application will need to be made to the Court of Protection for a deputy to be appointed. The process of becoming a deputy is often long and costly so it is better to have these conversations early on if it is thought that the donor will reach a point when they will be unable to make their own decisions.
What type of LPA should be made?
There are two types of LPA:
- Health & Welfare
- Property and Financial Affairs
You can choose to make one or both of these.
You can make an LPA either online or using paper forms but whichever you choose, you will need signatures from the attorney’s and witnesses.
How much will it cost?
It costs £82 to register an LPA, however, there are exemptions and remissions available dependent on a persons financial situation.
You can find out more about LPA’s and find the relevant forms and information sheets here.
If you need support in understanding the process or completing the forms, our advice team can help.
