Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust—an Attorney—to make decisions on your behalf if you lose the mental capacity to do so yourself. LPAs are essential tools in estate and life planning because they give you control over who manages your affairs, rather than leaving it to chance or the courts.

LPAs were introduced in England and Wales under the Mental Capacity Act 2005 and came into force in 2007. Since then, they have been the standard way for adults to plan ahead for incapacity.

Anyone over 18 and with mental capacity can make an LPA. You choose one or more Attorneys, set limits if needed, and specify which decisions they can make. LPAs are used for two main purposes: Health and Welfare & Property and Financial Affairs.

Without an LPA, if you lose capacity, your family cannot automatically step in to make decisions. They would need to apply to the Court of Protection which is a government run organisation designed to oversee the vulnerable for a Deputyship Order, which is a court awarded power with very restrictive powers and is time-consuming, stressful, and costly to obtain. Planning ahead with an LPA avoids unnecessary delays and ensures your wishes are respected.

LPAs need to registered with the Office of the Public Guardian before they can be used and the OPG charge a fee per LPA of currently £92. Once registered, your Attorneys can act on your behalf, but always under the law and in your best interests.  The Court of Protection has powers to pursue and prosecute any Attorney who breaks these rules.

In short, a Lasting Power of Attorney is about control, protection, and peace of mind. It ensures your finances, health, and welfare are managed by people you trust, exactly how you want, even if you can’t make decisions yourself and shouldn't cost more than £75 for a professional to help you complete each application form.

Power of Attorney     Health & Welfare LPA     Property & Finance LPA     LPA Guidance