Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust, known as an “attorney,” to make decisions on your behalf if you lose the capacity to do so. This can cover decisions about your health, welfare, finances, and property.

An LPA ensures that your affairs are managed by someone you trust if you’re unable to make decisions yourself due to illness, an accident, or age-related challenges. Without an LPA, loved ones may face lengthy legal processes to gain control over your finances and care decisions, which can be stressful and costly.

There are two types of LPAs in the UK:

• Health and Welfare LPA: Covers decisions about your personal health, daily care, and medical treatments, including life-sustaining treatment if specified.
• Property and Financial Affairs LPA: Allows your attorney to manage financial matters such as paying bills, handling bank accounts, managing investments, and selling property.

Many people choose to set up both types to ensure all aspects of their lives are protected.

You can appoint anyone you trust, such as a family member, friend, or a professional like a solicitor. It’s essential to choose someone reliable and capable of making decisions in your best interest. You can also appoint more than one attorney, either to work together or independently.

For a Health and Welfare LPA, your attorney’s authority only begins if you’re unable to make decisions yourself. For a Property and Financial Affairs LPA, you can choose to allow it to be used immediately after registration (if you consent) or only if you lose mental capacity.

At My Will and Probate, we connect you with trusted LPA specialists across the UK. They’ll guide you through the process, from selecting your attorney to completing and registering the necessary paperwork, ensuring everything complies with UK law. Simply contact us to arrange a consultation, and we’ll match you with a professional who can help.

Yes, you can set up an LPA yourself by following the guidelines provided by the UK government. However, many people choose to work with a professional to ensure the process is handled correctly, particularly if there are complex family or financial situations. Our specialists can simplify the process and ensure your wishes are accurately recorded and legally binding.

An ordinary Power of Attorney is only valid while you have mental capacity; it’s commonly used for temporary financial matters. An LPA, however, is specifically designed to be used if you lose mental capacity, ensuring your affairs are managed according to your wishes even if you’re unable to make decisions.

The current fee to register each type of LPA with the Office of the Public Guardian is £82. There may be additional fees for professional advice if you choose to work with an expert through My Will and Probate, but we ensure transparent and competitive pricing for all our services.

Yes, as long as you have mental capacity, you can cancel or amend your LPA at any time. This involves completing specific forms and notifying the Office of the Public Guardian. Our specialists can guide you through this process if needed.

If you don’t have an LPA in place and lose mental capacity, your loved ones may have to apply to the Court of Protection to gain authority to manage your affairs. This process can be time-consuming, expensive, and emotionally challenging. Setting up an LPA helps avoid these difficulties and ensures your preferences are upheld.

Once submitted, it typically takes up to 20 weeks for an LPA to be registered with the Office of the Public Guardian, assuming there are no issues. It’s advisable to set up your LPA well in advance to ensure it’s ready if and when you need it.

You can choose to notify certain people, known as “named persons,” when you create an LPA. This is optional, but it’s often a good idea to let family members or close friends know so that they’re aware of your plans and understand your choices.

Starting your LPA journey with My Will and Probate is easy! Just reach out to us to arrange a consultation, and we’ll connect you with a trusted specialist who can guide you through the process from start to finish. Our aim is to make securing your future simple and straightforward.