FAQs

A Lasting Power of Attorney (LPA) is a legal document enabling you to appoint one or more people to assist you in making decisions or to make decisions on your behalf. LPAs were introduced in October 2007 and replaced Enduring Powers of Attorney (EPA). EPAs made prior to October 2007 remain valid, however the content here relates to LPAs only. The information which follows derives from government websites and concerns England and Wales only.

There are two types of LPA:

(1).        Health and welfare LPA:  gives an attorney power to make decisions relating to matters such as; your daily routine (e.g washing, dressing, eating); medical care; moving into care and life-sustaining treatment.  A health and welfare LPA can only be used when you are unable to make decisions for yourself.

(2).        Property and financial affairs LPA: gives an attorney power to make decisions relating to money and property including matters such as; managing a bank or building society account; paying bills; collecting benefits or a pension and selling your home.

Giving someone else this authority may be very important because you could at some point in the future find yourself in a position where you are unable to make decisions and run your affairs. This could happen if, for example, you were injured in an accident or suffered physical or mental illness.  The Office of the Public Guardian (OPG) can help you in deciding whether an LPA is appropriate for you. The OPG is in place to protect people in England and Wales who may not have mental capacity to make their own decisions relating to their health and finance. Contact details are available via the following website https://www.gov.uk/power-of-attorney/overview

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. It is possible to end an LPA even if it has been registered provided you still have mental capacity at the time.

Attorneys appointed under an LPA must act in the best interests of the individual. This is particularly important as an attorney may be dealing with financial matters including spending money and/or making decisions about your property and assets.

Please note this is a short overview of Lasting Powers of Attorney in England Wales. There are a number of information sources available via the internet and you may also decide to seek legal advice. Processes in Scotland and Northern Ireland are different and information can be obtained via the following hyperlinks http://www.publicguardian-scotland.gov.uk/power-of-attorney and http://www.nidirect.gov.uk/managing-your-affairs-and-enduring-power-of-attorney.