Understanding LPAs

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (called "attorneys") to make decisions on your behalf if you lose the capacity to make them yourself, or if you simply want help managing your affairs.

Why Do You Need an LPA?

Many people assume their family can automatically make decisions for them if they become incapacitated. This is not true. Without an LPA:

• Your family cannot access your bank accounts to pay your bills
• No one can sell your property to fund your care
• Doctors may not be able to discuss your treatment with your family
• Your family would need to apply to the Court of Protection, which is expensive, time-consuming, and stressful

The Two Types of LPA

1. Property and Financial Affairs LPA

This covers decisions about:

• Managing bank accounts and investments
• Paying bills and managing debts
• Buying and selling property
• Claiming benefits and pensions
• Running a business

Key point: This LPA can be used while you still have capacity (with your permission) or after you lose capacity.

2. Health and Welfare LPA

This covers decisions about:

• Daily routine and care
• Medical treatment
• Where you live
• Who you have contact with
• Life-sustaining treatment (if you give this authority)

Key point: This LPA can only be used after you lose the capacity to make these decisions yourself.

Who Should Have an LPA?

LPAs are not just for the elderly or those with health conditions. We recommend everyone over 18 considers having LPAs in place because:

• Accidents or sudden illness can happen at any age
• You cannot make an LPA after losing capacity
• Having LPAs in place gives you control over who makes decisions for you
• It protects your family from the stress and cost of Court of Protection applications

How Does an LPA Work?

Creating Your LPA

1. Choose your attorneys and any replacement attorneys
2. Decide how your attorneys should make decisions
3. Add any preferences or instructions
4. Choose your certificate provider
5. Sign the LPA in the correct order
6. Register the LPA with the Office of the Public Guardian

Using Your LPA

Once registered, your attorneys can use the LPA to act on your behalf. They must:

• Always act in your best interests
• Consider your past and present wishes
• Support you to make your own decisions where possible
• Only make decisions the LPA covers
• Keep records of decisions made on your behalf

Key Terms Explained

• Donor: The person making the LPA (that is you)
• Attorney: The person(s) you appoint to make decisions for you
• Certificate Provider: Someone who confirms you understand the LPA and are not being pressured
• Replacement Attorney: A backup attorney if your main attorney cannot act
• Registration: The process of submitting your LPA to the Office of the Public Guardian

Common Misconceptions

• "My spouse can make decisions for me" - Not automatically. Even married couples need LPAs.
• "I am too young to need an LPA" - Accidents can happen at any age.
• "I can make an LPA when I need one" - You cannot make an LPA after losing capacity.
• "An LPA means I lose control" - You remain in control while you have capacity.

Next Steps

Creating LPAs is straightforward with our online service. We guide you through each step, explain your options, and help you create legally valid documents that protect you and your family.