How to give others the legal power to make decisions on your behalf
Setting up a lasting power of attorney (LPA) gives someone authority to handle another person’s affairs if they are mentally or physically unable to do so themselves.
The Lasting Power of Attorney was introduced in 2007 to replace Enduring Power of Attorney (EPA). The key difference is that EPAs are not registered and did not cover personal welfare. It is possible to register an EPA provided it was signed before 1 October 2007 and to set up a Personal Welfare LPA to run alongside it.
An LPA is easy to set up. Without an LPA, even close family members may not have the authority to make decisions about your care in old age, your financial welfare – or your assets. Never assume a person will be able to act for you simply because they are an immediate family member.
Types of LPA
There are two types of LPA:
| Property & Affairs |
Enables the attorneys to make decisions about how your money is managed and your property and other financial affairs are handled. |
| Personal Welfare |
Covers healthcare and welfare, including medical treatment, and where a person lives. |
Each of these LPAs requires a separate application and a separate fee when it is formally registered. It is strongly advisable to arrange both kinds of LPA so your affairs are fully covered.
Putting the LPA into effect
Once drawn up, copies of the LPA can be kept by you, your solicitor and your attorneys. If the time comes that the LPA is required, your attorneys must register it with the Office of the Public Guardian. This requires completing an application form and a fee (currently £150). Separate fees are payable for each LPA, so consider how these fees would be funded.