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Lasting Power of Attorney UK - A 2023 Guide
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people to help you make decisions or to make decisions on your behalf. This is useful in situations where you no longer have the mental capacity to make your own decisions or prefer a trusted individual to handle matters for you.
Types of Lasting Power of Attorney
There are two main types of LPA in the UK:
- Health and Welfare LPA: This type of LPA gives your attorney the power to make decisions about your daily care, medical treatment, and even your living arrangements.
- Property and Financial Affairs LPA: This type allows your attorney to manage your finances, including paying bills, collecting benefits, and selling property on your behalf.
How to Set Up a Lasting Power of Attorney
To set up a Lasting Power of Attorney, you'll need to complete specific forms provided by the Office of the Public Guardian (OPG). The forms must be signed and witnessed and then registered with the OPG before they can be used. The registration process can take up to 10 weeks. There may also be a fee involved, though exemptions or reductions may apply depending on your financial circumstances.
Choosing an Attorney
Choosing the right attorney is crucial as they will have significant control over your affairs. It’s important to select someone you trust and who understands your preferences and values. Many people choose family members, but you could also opt for a professional such as a solicitor or an accountant.
Benefits of Making an LPA
Making an LPA ensures that your affairs will be handled according to your wishes should you lose the capacity to make decisions. It provides peace of mind and reduces the burden on family members, who might otherwise face a lengthy and expensive court process to gain similar authority.
Conclusion
In summary, a Lasting Power of Attorney is a crucial document for safeguarding your future. As of 2023, the process remains straightforward but requires careful consideration and planning. Taking the time to set up an LPA can provide significant security for both you and your loved ones.
Frequently Asked Questions
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (an attorney) to make decisions on your behalf if you lose mental capacity or no longer wish to make decisions for yourself.
What are the different types of LPA?
There are two types of LPA: Health and Welfare LPA, which covers decisions about your health and personal welfare, and Property and Financial Affairs LPA, which covers decisions about your financial and property matters.
Who can be an attorney?
An attorney can be anyone over 18 who you trust, such as a family member, friend, or a professional like a solicitor. They should have the skills to make decisions on your behalf.
How do I make an LPA?
You can make an LPA by completing the necessary forms available from the Office of the Public Guardian (OPG) website. Once completed, the forms must be signed and witnessed before being registered with the OPG.
Do I need a solicitor to make an LPA?
No, you do not need a solicitor to make an LPA. However, you may choose to seek legal advice to ensure correct completion and registration of the forms.
How much does it cost to register an LPA?
As of 2023, the fee to register an LPA is £82 per document in England and Wales. Fee reductions or exemptions may be available based on your financial circumstances.
How long does it take to register an LPA?
It can take up to 10 weeks to register an LPA, provided there are no mistakes in the application and no objections are raised.
Can I cancel my LPA?
Yes, you can cancel your LPA at any time as long as you still have mental capacity. This is done by sending a written notice called a Deed of Revocation to the OPG.
What is 'mental capacity'?
Mental capacity refers to the ability to make decisions for yourself. To have mental capacity, you must be able to understand, retain, and weigh up information relevant to a decision and communicate your decision.
What happens if I don't have an LPA?
If you lose mental capacity without an LPA, your family or close friends would need to apply to the Court of Protection to become your deputy, which can be a long and costly process.
Can I make changes to my LPA once it is registered?
You cannot amend an existing LPA once it is registered. If you wish to make changes, you must revoke the current LPA and create a new one.
Who can witness the signing of my LPA?
Any independent adult (over 18) can witness the signing of your LPA, but they must not be one of your attorneys or replacements.
What powers does an attorney have under a Health and Welfare LPA?
Under a Health and Welfare LPA, an attorney can make decisions about your daily care, medical treatment, and living arrangements, but only if you cannot make these decisions yourself.
What powers does an attorney have under a Property and Financial Affairs LPA?
An attorney under a Property and Financial Affairs LPA can manage your bank accounts, pay bills, collect your benefits or pension, and sell your property, either when you lose mental capacity or immediately if specified.
What should I consider when choosing an attorney?
When choosing an attorney, consider their reliability, understanding of your wishes and best interests, ability to handle financial matters, and willingness to take on the responsibility.
Useful Links
Useful links from: Helen Starkie, Solicitor, Bath, UK
- NHS - Find a Solicitor Find solicitors near Bath, UK, including Helen Starkie, via the NHS service search feature.
- Age UK - Legal Advice Age UK provides legal advice and support to older residents in Bath, UK. You can find information about solicitors such as Helen Starkie.
- Mind - Legal Rights Mind offers information on legal rights and local solicitors who specialize in mental health law, including options around Bath, UK.
- Citizens Advice - Find a Solicitor Citizens Advice provides guidance on finding free or affordable legal help, including solicitors like Helen Starkie in Bath, UK.
Useful links from: What is a Power of Attorney?
- NHS - Power of Attorney NHS page explaining what a Power of Attorney is, its importance, and how it is used, especially in end-of-life care.
- Age UK - Legal Issues: Power of Attorney Age UK provides comprehensive information on Power of Attorney, including the different types, how to set one up, and frequently asked questions.
- Citizens Advice - Power of Attorney Citizens Advice offers detailed guidance on managing affairs for someone else, including setting up a Power of Attorney, responsibilities, and how to get help.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer's Society provides targeted information on Lasting Power of Attorney, tailored to the specific needs of those affected by dementia.
Useful links from: Helen Starkie, Bath Solicitor for Wills and Probate Law
- NHS - Wills Official NHS guide on making a will, including why it's important, what to include, and how to get it written.
- Age UK - Making a Will Age UK's resource on making a will, providing advice for older people on how to ensure their wishes are followed after death.
- Citizens Advice - Wills Citizens Advice provides detailed information about making a will, the different types of wills, who can make one, and the role of executors and probate.
- Macmillan Cancer Support - Writing a Will Macmillan Cancer Support offers guidance on writing a will, especially useful for those dealing with a cancer diagnosis and planning their estate.
Useful links from: What Is A Power of Attorney
- NHS - Power of Attorney Information about what a power of attorney is, why you might need one, and how to set one up from the National Health Service (NHS).
- Age UK - How to set up a Power of Attorney Age UK provides detailed guidance on how to set up a power of attorney, including the different types and why they are important.
- Mind - Power of Attorney Mind offers information about power of attorney specifically in the context of mental health, including how to make decisions and support available.
- Citizens Advice - Using a Power of Attorney Citizens Advice provides practical help and advice on using a power of attorney, the responsibilities involved, and how to resolve any issues that may arise.
Useful links from: What is a lasting Power of Attorney?
- NHS - End of life care Information provided by the NHS on lasting power of attorney, including what it is and how to set one up.
- Age UK - Lasting Power of Attorney Age UK provides detailed advice and resources on setting up a lasting power of attorney, including different types and legal considerations.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer's Society offers guidance on lasting power of attorney, particularly useful for those caring for someone with dementia.
- Mind - Planning for the future Mind provides information on lasting power of attorney from the perspective of mental health, including advice on planning for the future.
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