What is an LPA?
An LPA (Lasting Power of Attorney) is a legal document which allows you to choose another person or people to make decisions on your behalf. This might be, for example, when you are ill or cannot make decisions because you lack mental capacity.
There are two main types of LPA:
- property and financial affairs
- health and welfare
What is the difference between the two LPAs?
The property and financial affairs LPA allows you to appoint an ‘attorney’ to make decisions about your finances, like paying your bills, selling your property or managing your bank accounts.
The health and welfare LPA allows you to appoint an ‘attorney’ to make decisions about your medical care, care homes, life sustaining treatment and your daily routine.
Who can make an LPA?
You need to be over 18 and have the mental capacity to understand you are making the document.
You can prepare LPAs yourself, or instruct professionals like us to help you prepare and register them.
When can your attorney use the LPA?
For a property and affairs LPA the attorney(s) can act as soon as you give permission and the document is registered.
The health and welfare LPA can only be used by your attorney(s) once you lose mental capacity and the document is registered.
The LPA has to be registered with the Office of Public Guardian. They currently charge £110 to register each LPA. The good news is the fee will be dropping to £82 per LPA from April this year (2017). There are further discounts available for those on lower incomes too.
If you are interested in making an LPA contact our Wills & Probate department on 01865 244661 or 01869 252244.