Lasting Powers of Attorney (LPAs)
A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone you trust to make decisions on your behalf if, in the future, you are unable to make them yourself. It is an important part of planning ahead and making sure your wishes and interests are respected.
There are two types of LPA: a Health and Welfare LPA, which covers decisions about your care, treatment and living arrangements, and a Property and Financial Affairs LPA, which covers things such as managing your money, paying bills, property and finances. You can make one type or both.
An LPA must be made while you have the mental capacity to understand what you are doing and must be registered with the Office of the Public Guardian before it can be used.
You do not need to use a solicitor to make an LPA, although you may wish to seek legal advice if your circumstances are complicated or you have particular concerns. If you haven’t yet made an LPA, or you’re unsure whether you need one, please talk to us. We can help you understand your options and support you through the process.
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Information required:
- Your full name, address and date of birth
- The details of the person or people you wish to appoint as your attorney(s)
- Details of any replacement attorneys, if you wish to appoint them
- Your preferences and instructions, if you want to include any
- A certificate provider – someone who confirms that you understand what you are doing and that you are not being pressured into making the LPA
- Signatures from you, your attorneys and witnesses
- The completed LPA must then be registered with the Office of the Public Guardian before your attorneys can use it.
Lasting Power of Attorney for Health and Welfare
A Lasting Power of Attorney (LPA) for Health and Welfare is a legal document that allows you to choose someone you trust to make decisions about your care and welfare if, in the future, you are unable to make those decisions yourself.
Your attorney can make decisions about things such as where you live, your day-to-day care, your diet, personal care and medical treatment. You can also choose whether to give your attorney authority to make decisions about life-sustaining treatment on your behalf.
A Health and Welfare LPA is an important part of advance care planning, but it is only one part of the picture. Other documents and decisions can help make sure your wishes are known, including:
- Advance Decision to Refuse Treatment (ADRT) – a legally binding document setting out specific medical treatments you do not want to receive in the future, should you lack capacity to make or communicate the decision at the time.
- DNAR/DNACPR – a medical decision about whether cardiopulmonary resuscitation (CPR) should be attempted if your heart or breathing stops. This is different from an ADRT and is made by a healthcare professional following discussion with you where possible.
- Advance Statement – a written record of your wishes, preferences, beliefs and values about your future care. It can help those caring for you understand what matters to you, although it is not legally binding.
- ReSPECT form – a personalised form created with healthcare professionals that records recommendations about what should happen in an emergency, including decisions about CPR and other treatments.
Information required:
- Your full name, date of birth and address
- The full name and address of the person or people you wish to appoint as your attorneys
- The details of any replacement attorneys, if you choose to appoint them
- Your preferences and instructions, if you want to include any specific guidance for your attorneys
- A certificate provider – someone who confirms that you understand what you are doing and that you are not being pressured into making the LPA
- The names and details of any people you wish to notify when the LPA is registered, if you choose to include them
- The required signatures and witnesses from you, your attorneys and others involved in making the LPA.
Lasting Power of Attorney for Property and Finance
A Lasting Power of Attorney (LPA) for Property and Financial Affairs allows you to choose someone you trust to make decisions about your money and property if you are unable to make those decisions yourself in the future.
Your attorney can help with things such as managing your bank accounts, paying bills, collecting your pension or benefits, dealing with tax, managing investments and buying or selling property. You can decide whether your attorney can act on your behalf as soon as the LPA is registered, or only if you lose mental capacity.
Having a Property and Financial Affairs LPA can be particularly helpful if you become unwell, have an accident or develop a condition that affects your ability to manage your finances. Without an LPA, your family or friends do not automatically have the legal authority to manage your money or property for you.
Having an LPA doesn’t mean you are giving up control of your finances. It is about planning ahead and choosing who you would want to help if you are no longer able to manage things yourself.