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What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document in the United Kingdom that allows an individual to appoint someone else to make decisions on their behalf if they are no longer able to do so themselves. This can provide peace of mind, knowing that a trusted person will manage their affairs when they are not in a position to make decisions independently.
Types of Lasting Power of Attorney
There are two main types of LPAs in the UK:
- Health and Welfare LPA: This type of LPA allows the appointed attorney to make decisions regarding the individual's healthcare and personal welfare. This may include decisions about medical treatment, living arrangements, and daily care. This LPA can only be used when the individual lacks the mental capacity to make decisions themselves.
- Property and Financial Affairs LPA: This LPA enables the appointed attorney to manage the individual's financial matters. This can include paying bills, managing bank accounts, and buying or selling property. Unlike the Health and Welfare LPA, this LPA can be used even if the individual still has mental capacity, if they choose to permit it.
Setting Up a Lasting Power of Attorney
To set up an LPA in the UK, the individual must complete the relevant LPA forms and register them with the Office of the Public Guardian (OPG). The forms can be downloaded from the UK government website or completed online. The process involves the individual appointing one or more attorneys, having the form witnessed and signed by the person acting as the certificate provider (who confirms that the individual understands the LPA and is not being pressured into making it), and submitting the form to the OPG along with the registration fee.
The Role of the Attorney
An attorney appointed under an LPA has a duty to act in the best interests of the individual they are representing. They must follow the principles set out in the Mental Capacity Act 2005, which includes considering the individual's past and present wishes, encouraging their participation in decision-making as much as possible, and not taking advantage of the position for personal gain.
Revoking a Lasting Power of Attorney
An LPA can be revoked by the individual at any time, as long as they have the mental capacity to do so. This must be done in writing and the revocation must be registered with the OPG. An LPA will also be automatically revoked if the individual or the attorney dies, the attorney becomes bankrupt (for Property and Financial Affairs LPA), or the attorney loses mental capacity.
Having a Lasting Power of Attorney in place can provide reassurance that trusted individuals are legally recognised to make important decisions if one's own ability to do so becomes compromised.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a special paper in the United Kingdom. It lets someone choose another person to make decisions for them. This is useful if one day they cannot make decisions themselves. It helps make sure that someone they trust will take care of them and their things.
Types of Lasting Power of Attorney
There are two main types of LPAs in the UK:
- Health and Welfare LPA: This lets the chosen person decide about the individual's health and daily life. This can include choices about doctor's visits, where they live, and their daily care. This type is only used if the individual cannot make these decisions by themselves.
- Property and Financial Affairs LPA: This lets the chosen person manage the individual's money and property. They can pay bills, handle bank accounts, and even buy or sell houses. This type can be used even if the individual can still think for themselves, but they have to agree to it.
Setting Up a Lasting Power of Attorney
To get an LPA in the UK, the person must fill out LPA forms and send them to the Office of the Public Guardian (OPG). These forms can be downloaded from the UK government website or filled out online. The person needs to choose someone to be their attorney, get a witness to watch and sign the forms, and send the forms along with a fee to the OPG.
The Role of the Attorney
A person chosen as an attorney must help the individual they represent. They have to do what is best for the individual and think about what the individual wants. They should help the individual make choices as much as they can and should never use the position for themselves.
Revoking a Lasting Power of Attorney
A person can cancel an LPA if they can still make their own decisions. To do this, they must write it down and tell the OPG. An LPA also ends if the person or their attorney dies, the attorney cannot pay their debts (for Property and Financial Affairs LPA), or if the attorney cannot make decisions anymore.
Having a Lasting Power of Attorney can help make sure someone trusted can make important choices if the person cannot do it themselves.
Frequently Asked Questions
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more individuals to help you make decisions or to make decisions on your behalf if you lose the mental capacity to do so.
What are the types of LPA?
There are two types of LPA: Property and Financial Affairs LPA, and Health and Welfare LPA.
Who can make an LPA?
Anyone aged 18 or over with mental capacity can make an LPA.
Who can act as an attorney?
An attorney must be aged 18 or over, have mental capacity, and be someone you trust. They can be a relative, a friend, a professional, or your spouse or partner.
How do I register an LPA?
To register an LPA, you need to submit the completed forms to the Office of the Public Guardian (OPG) along with the registration fee.
When does a Property and Financial Affairs LPA come into effect?
A Property and Financial Affairs LPA can be used as soon as it is registered with the OPG, with your permission.
When does a Health and Welfare LPA come into effect?
A Health and Welfare LPA only comes into effect when you lose the mental capacity to make decisions.
Can I cancel an LPA?
Yes, you can cancel an LPA as long as you have the mental capacity to do so.
What if there are disputes about decisions made by the attorney?
Disputes can be resolved by the Court of Protection, which has the authority to make decisions regarding LPAs.
Do I need a solicitor to make an LPA?
You do not need a solicitor to make an LPA, but having legal advice can be beneficial to ensure that the document meets all legal requirements.
How much does it cost to register an LPA?
The registration fee for each LPA is £82. However, you might be eligible for a reduction or exemption based on your financial circumstances.
Can my attorneys make gifts on my behalf?
Attorneys can make limited gifts on your behalf, such as birthday or Christmas gifts to family members, if it is in your best interests and within certain guidelines.
What happens if my attorneys cannot agree on a decision?
If attorneys cannot agree and the LPA doesn't state how to resolve disputes, the matter may need to be referred to the Court of Protection.
Can an LPA be used outside the UK?
An LPA is primarily for use within the UK. You would need to check the legal requirements of the specific country for it to be recognised abroad.
What is the role of the Office of the Public Guardian?
The Office of the Public Guardian (OPG) registers LPAs and oversees the actions of attorneys to ensure they act in the best interests of the donor.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal paper. It lets someone you trust help you make choices or make choices for you. This can be about your money or your health.
If it's hard to understand, you can ask someone to explain. Using pictures or a video can also help.
A Lasting Power of Attorney (LPA) is a paper you fill out. It lets you pick someone to help you with choices. If you can’t think clearly anymore, they can make choices for you.
What types of LPA are there?
When we talk about LPA, it means "Lasting Power of Attorney." This is a way for someone to help make decisions if you can't. There are two main types of LPA:
- Health and Care: This helps with choices about your health and how you live.
- Money and Property: This helps with choices about your money, like paying bills or selling your house.
If you need help, tools like voice to text can assist with writing. Talking things through with someone you trust can also be helpful. You can also ask someone to help explain things step by step.
There are two types of LPA. One type is called Property and Money LPA. The other type is called Health and Care LPA.
Who can make an LPA?
Anyone who is 18 or older can make an LPA. You should understand what an LPA is before you make one. If you need help understanding, ask someone you trust or use a tool like a simple video or a picture guide.
If you are 18 or older and can make decisions for yourself, you can make an LPA.
A tool that might help you understand more about LPA is a picture guide. It uses simple pictures and words to show how LPA works. If you like listening, you can ask someone to read this to you.
Who can be an attorney?
Some people can help you make choices about your life and your money. These people are called attorneys.
Do you want someone to help you? That person should be:
- A grown-up (18 years or older).
- Someone you trust a lot.
- Someone who understands what you want and will do what is best for you.
You can ask a family member or a good friend to be your attorney. They can help you make good decisions.
If you need more help, you can talk to your family, a teacher, or a social worker.
A person who helps you with legal things must be at least 18 years old. They need to understand what they are doing and be someone you trust. This person can be a family member, a friend, a professional, or your husband, wife, or partner.
How can I sign up for an LPA?
To sign up for an LPA, you need to fill out the forms. Then send them to the Office of the Public Guardian (OPG) with the money for registration.
When does a Property and Money LPA start working?
A Property and Money LPA is a form that lets someone help you with your money and things you own. It starts working when:
- You say it's okay for it to start right away, or
- You can't make money decisions for yourself anymore.
If you need help understanding how an LPA works, you can:
- Ask a friend or family member to explain it.
- Use pictures or drawings to see how it works.
- Watch a video about LPAs.
You can use a Property and Financial Affairs LPA after it is registered with the OPG, if you say it's okay.
When Does a Health and Welfare LPA Start Working?
A Health and Welfare LPA (Lasting Power of Attorney) is a choice you make. It lets someone help you make decisions about your care and medical treatment.
This help starts when you can’t make your own decisions anymore. This could be because you are too sick or have an accident.
Tools to help you understand:
- Ask someone you trust to explain it to you.
- Use pictures to help understand.
A Health and Welfare LPA starts working when you cannot make decisions by yourself anymore.
Can I stop an LPA?
Yes, you can stop an LPA if you can still make decisions for yourself.
What if people disagree with the attorney's decisions?
Sometimes, people might not agree with what the attorney decides. An attorney is someone who helps make choices for another person.
If there are disagreements, here are some things you can do:
- Talk about the problem to understand each other better.
- Ask a trusted friend or family member for help.
- Use a mediator to help everyone agree. A mediator is someone who helps people talk and solve problems.
If you still need help, you can contact a professional for advice. They can guide you on what to do next.
Problems can be solved by the Court of Protection. The Court can make decisions about Lasting Power of Attorney (LPA).
Do I need a lawyer to make an LPA?
An LPA is a special paper that lets you choose someone to help you make decisions if you can't. You might think you need a lawyer to help you make this paper, but you don't have to use one. You can do it by yourself if you want.
If you feel unsure, you can get help from a friend, family member, or a local advice center. Also, there are helpful guides and videos online that can show you what to do step by step.
Some people still choose to have a lawyer because they feel better having an expert check everything. It’s up to you!
You don't need a lawyer to make an LPA. But, a lawyer's help can make sure you do everything right.
How much money to register an LPA?
If you want to register an LPA (Lasting Power of Attorney), you need to pay some money. This is called a fee.
Here are some tips to help you:
- Ask a family member or a friend for help if you need it.
- You can use a calculator on a website to find out the cost.
- If you have questions, call someone who knows, like a lawyer.
The cost to sign up for each LPA is £82. But you might pay less or nothing if you don’t have a lot of money.
Can the people who help me with my money give gifts for me?
Lawyers can give small presents for you. These can be for birthdays or Christmas. They can only do this for family. They must think about what is best for you. They have to follow rules.
If you find reading hard, you can ask someone to read this to you. You can also use apps that read text out loud.
What if my attorneys can't make a decision together?
If your attorneys have trouble deciding, they might not agree. This can be difficult.
Here is how to help:
- They can talk to each other and listen carefully.
- They can ask someone they trust for advice.
- They can try to find a middle ground or a compromise.
- If they still can't agree, they can talk to a professional for help.
If attorneys can't agree and the LPA doesn't say what to do, the problem might need to go to the Court of Protection.
Can an LPA be used in other countries?
An LPA, or Lasting Power of Attorney, is a document that lets someone else make decisions for you. If you live in the UK and want to use an LPA in another country, you need to check if that country accepts it.
Here are some steps you can take:
- Ask a lawyer if the other country will accept your UK LPA.
- Some countries might need the LPA to be translated into their language.
- An apostille might be needed. This is a special stamp to show the document is real.
- Helpful tools: Look for easy-to-read guides or ask for help from someone you trust.
An LPA is mainly used in the UK. If you want to use it in another country, you need to find out what that country needs to accept it.
What Does the Office of the Public Guardian Do?
The Office of the Public Guardian helps people who may need support.
They make sure that people who can’t make decisions for themselves are safe.
If someone needs help with their money or health, the Office of the Public Guardian can help find the right person to make decisions for them.
Tools that can help understand more:
- Look at pictures or videos about the Office of the Public Guardian.
- Talk to a friend or helper about what the Office does.
The Office of the Public Guardian, or OPG, helps to keep an eye on people who take care of someone else's money or health decisions. These people are called attorneys. The OPG makes sure they do a good job and help the person who needs it.
Useful Links
Useful links from: How to Set Up a Lasting Power of Attorney
- NHS - Power of Attorney This NHS guide provides information on what a power of attorney is and how to make decisions for someone else who lacks capacity. It also covers the different types of power of attorney, including lasting power of attorney.
- Age UK - How to set up a Lasting Power of Attorney Age UK's website offers comprehensive advice on setting up a lasting power of attorney, including step-by-step guidance, relevant forms and necessary documentation.
- Alzheimer's Society - Lasting Power of Attorney The Alzheimer’s Society provides detailed advice on lasting power of attorney, especially for those caring for someone with dementia. It includes practical tips and relevant legal information.
- Citizens Advice - Help with power of attorney Citizens Advice offers clear and concise information on creating a financial power of attorney. They explain the process, legal implications, and where to get further help.
Useful links from: Understanding Your Rights: Legal Support for Families During Economic Turbulence
- Citizens Advice Provides free, independent, confidential, and impartial advice to everyone on their rights and responsibilities. They offer help across a wide range of issues including legal support, debt advice, and benefits guidance.
- Turn2us A national charity helping people in financial hardship to gain access to welfare benefits, charitable grants, and support services. Their website includes tools and resources to find support and advice for managing during economic turbulence.
- NHS - Help with Health Costs Information from the NHS on what financial support is available to help with health costs, including prescriptions, dental services, and optical care. This resource can be crucial for families trying to manage their healthcare expenses.
- Shelter A charity that provides advice and support for those facing housing and homelessness issues. Shelter offers legal guidance on tenant rights, eviction protection, and other housing-related legal matters, which can be vital during economic crises.
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.
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