Jessica Jarvis

A lasting power of attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself.

There are two types of LPA:

• LPA for financial decisions
• LPA for health and care decisions.

LPA for financial decisions

An LPA for financial decisions can be used while you still have mental capacity or you can state that you only want it to come into force if you lose capacity.

An LPA for financial decisions can cover things such as:

• buying and selling property
• paying the mortgage
• investing money
• paying bills
• arranging repairs to property.

You can restrict the types of decisions your attorney can make, or let them make all decisions on your behalf.

If you’re setting up an LPA for financial decisions, your attorney must keep accounts and make sure their money is kept separate from yours. You can ask for regular details of how much is spent and how much money you have. These details can be sent to your solicitor or a family member if you lose mental capacity. This offers an extra layer of protection.

LPA for health and care decisions

This covers health and care decisions and can only be used once you have lost mental capacity. An attorney can generally make decisions about things such as:

• where you should live
• your medical care
• what you should eat
• who you should have contact with
• what kind of social activities you should take part in.

You can also give special permission for your attorney to make decisions about life-saving treatment.

How Do I Set Up A Lasting Power of Attorney?

1. The Office of the Public Guardian (OPG) is a government organisation, whose role is to register powers of attorney. It also provides support services to attorneys and investigates complaints about attorneys. Contact the Office of the Public Guardian to get the relevant forms and an information pack. You can download the forms or fill them out online.
   
2. You can fill out the forms yourself, or with the help of a solicitor or local advice agency. Taking professional advice can prevent problems later on, especially if you’re unsure of the process or your affairs are complex.
   
3. Have your LPA signed by a certificate provider. This is someone who confirms that you understand it and haven’t been put under any pressure to sign it. The certificate provider must be someone you know well or a professional person such as a doctor, social worker or solicitor.
   
4. The LPA must be registered with the Office of the Public Guardian before it can be used. There’s a fee of £82 to register your LPA. If you’re on a low income, you may be eligible for a 50% discount, and if you’re receiving certain benefits you won’t have to pay anything at all. You must register your LPA while you still have the mental capacity and it can’t be used during the registration process which takes about 9 weeks. If you lose mental capacity but signed the LPA while you still had mental capacity, your attorney can register it for you.

How Much Does It Cost?

You will need to register the LPA before you can use it. In England and Wales, the registration fee is £82 for each LPA – so it costs £164 to register both an LPA for property and financial affairs and an LPA for health and welfare.

You may be exempt from paying the fee if you’re on a low income or you receive certain income-related benefits.