Lasting Power of Attorney UK - A 2023 Guide

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.

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.

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.

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.

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.

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.

It can take up to 10 weeks to register an LPA, provided there are no mistakes in the application and no objections are raised.

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.

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.

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.

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.

Any independent adult (over 18) can witness the signing of your LPA, but they must not be one of your attorneys or replacements.

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.

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.

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.