What is a Lasting Power of Attorney?
Guidance from Estate Advisory Group
A legal document in which you (the donor) choose people you trust (your attorneys) to make decisions on your behalf if you become unable to make them yourself.
The two types
- Property & Financial Affairs (form LP1F) — money, bills, pensions, investments and property.
- Health & Welfare (form LP1H) — care, medical treatment, where you live and, if you choose, life-sustaining treatment.
They are separate documents with separate registration fees. Making one does not give your attorneys any power under the other, and most people who make an LPA make both.
The people involved
- Donor — the person the LPA is for. Only the donor can make it, and only while they still have mental capacity.
- Attorneys — the people who will make decisions. You can appoint one or several, and say whether they must agree on everything or can act independently.
- Replacement attorneys — optional back-ups if an original attorney can no longer act.
- Certificate provider — an independent person who confirms the donor understands the document and is not being pressured.
- People to notify — optional; they get told when the LPA is sent for registration and can object.
Why it has to be done in advance
An LPA can only be made by someone who currently has mental capacity to understand it. Once capacity is lost, that door closes: the only route left is a deputyship application to the Court of Protection, which is slower, more expensive and gives the family no say over who is appointed. What happens without an LPA.
It is not usable until it is registered
After everyone signs, the LPA must be registered with the Office of the Public Guardian, which charges £92 per document. Until the stamped, registered document comes back, no attorney can use it — banks and hospitals will refuse it. How long registration takes.
Where it applies
LPAs in this form exist in England and Wales only. Scotland uses Continuing and Welfare Powers of Attorney registered with the Office of the Public Guardian (Scotland), and Northern Ireland uses Enduring Powers of Attorney. Our service covers England and Wales.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group