Lasting Power of Attorney (LPA)

Make decisions about your future while the choice is yours

Most of us are used to making our own decisions about our finances, our home and our personal wellbeing. But what would happen if an accident, illness or a change in your health meant you needed someone else to make certain decisions for you? Who would you want to act? Would they understand your wishes? And would they have the legal authority to help when needed?

A Lasting Power of Attorney (LPA) allows you to choose people you trust to make decisions on your behalf, within the powers you give them.

At The Jonathan Lea Network, we’ll explain how LPAs work, help you consider the right arrangements and guide you through the process without unnecessary legal jargon. It’s about making your wishes known and putting people you trust in a position to help if the need arises.

What is a Lasting Power of Attorney?

An LPA is a legal document that allows you to appoint one or more people, known as attorneys, to make decisions on your behalf. Your attorneys are often family members or close friends, although other suitable individuals or professionals can also be appointed. 

There are two types of LPA, and you can choose to make either or both:

Property and Financial Affairs LPA

This covers decisions involving your money, property and financial arrangements.

For example, an attorney may be able to help with managing bank accounts, paying bills, dealing with investments or selling property.

Once registered, this type of LPA can be used with your permission while you still have mental capacity, or you can specify that your attorneys may only act when you no longer have capacity to make the relevant decisions.

Health and Welfare LPA

This covers decisions about your health and personal welfare.

Depending on the powers you give, it can include decisions about medical care, living arrangements and day-to-day welfare. Your attorneys can only use this LPA when you lack the mental capacity to make the relevant decision yourself. You can also decide whether to give your attorneys authority over certain life-sustaining treatment decisions.

Why might I need an LPA?

It’s natural to assume that a spouse, partner or close family member would automatically be able to make decisions for you. However, being married or related to someone does not automatically give that person legal authority to manage their financial affairs or make all health and welfare decisions on their behalf. Without an appropriate LPA, your family could face additional difficulties at a time when they are already concerned about your wellbeing. In some circumstances, someone may need to apply to the Court of Protection for authority to make decisions, which can involve greater time, expense and ongoing responsibilities.

Making an LPA while you have the necessary mental capacity gives you the opportunity to choose who you would trust and set out how they should act.

Choosing the right people to act for you

One of the most important decisions is who to appoint. You may immediately think of your spouse, partner, adult child or another close family member. But it’s worth considering more than simply who you’re closest to. Think about whether the person is reliable, understands your wishes, is willing to take on the responsibility and can manage decisions carefully.

You can appoint more than one attorney and choose whether they must make decisions together or can act independently, subject to the arrangements you specify. You can also appoint replacement attorneys in case your first choice can no longer act.

We’ll explain how these options work, including the practical advantages and potential difficulties, so you can choose an arrangement that suits your circumstances.

What if my family circumstances are complicated?

Families don’t always have straightforward relationships. You may have children from different relationships, relatives who disagree about important decisions, or someone you trust who lives a long way away. You may also want different people to deal with financial and welfare matters.

These are all relevant considerations.

We’ll help you think through who should be appointed, how decisions should be made and whether any preferences or instructions should be recorded in the document. Our focus is on helping you make your own informed choices.

How do we help you make an LPA?

1. We listen to your wishes: We’ll discuss what matters to you, your circumstances and who you are considering appointing.

2. We explain the choices:  We’ll help you understand the two types of LPA, your attorneys’ responsibilities and the options for how they will make decisions.

3. We prepare the documents: We’ll prepare the appropriate forms based on your instructions and explain the formal signing requirements.

An LPA also requires a certificate provider, whose role includes confirming that you understand the document and are making it freely.

4. We help with registration: An LPA must be registered with the Office of the Public Guardian before it can be used.

We can assist with the registration process and explain the applicable registration fee and expected timescale.

5. We explain what happens afterwards: We’ll help you understand when the LPA can be used, how attorneys can demonstrate their authority and why it may be sensible to review your arrangements if circumstances change.

What happens if someone has already lost mental capacity?

An LPA must be made while the person creating it has the mental capacity to understand and make the relevant decisions. If someone has already lost that capacity, they cannot simply have an LPA made on their behalf.

Depending on the circumstances, an application to the Court of Protection for a deputyship order or another appropriate form of authority may be required. The appropriate approach depends on the particular decision and circumstances, so specialist advice may be necessary.

How much does an LPA cost?

The cost of preparing an LPA will depend on the number and type of documents required and the circumstances involved.

There is also an Office of the Public Guardian registration fee, with reductions or exemptions available in qualifying circumstances.

We’ll explain the legal fees and applicable registration costs before you proceed. For full details, please see our Fees Page

Put the right support in place for the future

An LPA is about maintaining as much control as possible over who can act for you and how important decisions will be made. We’ll listen to your wishes, explain the options and help you put appropriate arrangements in place.

Talk to our Lasting Powers of Attorney team.

You don’t need to know which documents you require before getting in touch. We’ll help you understand the options and the next steps.

At The Jonathan Lea Network, we offer a fixed fee service and give you invaluable advice. We offer an initial no cost no obligation 20-minute video call to discuss your circumstances. To book this please send an initial email to wewillhelp@jonathanlea.net (with a brief description of the matter) and one of our team will liaise with you to fix a time to speak to an appropriate specialist and send you a calendar invite accordingly.