What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you appoint someone (an attorney or attorneys) to make decisions on your behalf if you lose mental capacity. You can have one for Property & Financial Affairs and another for Health & Welfare.
The Jargon
The DONOR is the person who the LPA is being made to protect – they clearly must give their permission, sign the documents, and have the mental capacity to make those decisions.
The CERTIFICATE PROVIDER is the person who certifies that the Donor is of sound mind, is making their own decisions, and is not being coerced into making the LPA.
The ATTORNEYS are the people chosen by the Donor to manage their affairs at the appropriate time. They are just (usually) ordinary people like family members who have your interests at heart.
The RESERVE ATTORNEYS are replacements should the prime attorneys be unable or not wish to continue.
WITNESSES to signatures – normally the Certificate Provider for the Donor. Attorneys’ signatures can’t be witnessed by the Donor, which makes no sense – but one Attorney can witness the signature of another. Personally, I prefer independent witnesses who are familiar with the Donor.
GUIDANCE on the LPA forms is for the Donor to express wishes to guide the attorneys.
INSTRUCTIONS on the LPA forms are often not well used, and are just that, instructions to the Attorneys. Some are not legal or badly drafter and may be “severed” – deleted if the OPG refers then to the Court of Protection who may or may not agree. But is will certainly slow things down.
OPG The Office of the Public Guardian check that all LPAs are correctly signed and witnessed before registering them. Thousands are rejected, which is why yours should NOT be left unregistered, or the COURT OF PROTECTION will get involved if you don’t have the capacity to re-do the application.
The COURT OF PROTECTION looks after anyone who does not have valid LPAs in place. They may agree to the appointment of a family member as a DEPUTY (similar to anAttorney) but their will be much additional bureaucracy, special insurance and reporting requirements. If legal help is needed, the costs will be in the low thousands typically. Very often, the Court of Protection will only appoint a Financial Deputy, and Health and Welfare matters will have to be referred back to them.
If they have any doubt about the suitability of a family member for the job of Deputy, they will usually appoint a professional such as a solicitor to tun things, and charge the estate for their time.
Do I need both types of LPA?
Yes—these cover different areas. One controls your finances, bills, and property; the other covers medical, care, and daily living decisions. Together, they ensure you’re fully protected. Some people will still have a suitable Enduring Power of Attorney – the problem with them is that you don’t know if they will work until it is too late, and unlike a Property & Financial Affairs LPA, which you can ask to be used temporarily, the EPA is permanently on when it is registered.
Is there much paperwork to make Lasting Power of Attorney?
Yes, the General Guide is 66 pages long, and the application pack for each type of LPA is a further 24 pages, making 114 pages in all. We can take most of that load off your mind and give sound advice for a relatively modest fee (our research indicates that you could easily pay four times and much and, apparently, get less advice – which is actually the key.)
Who can be my attorney?
Anyone over 18, mentally capable, and trustworthy—including family, friends, or professionals. You can appoint multiple attorneys and specify whether they act together or independently. For a Property and Financial Affairs Lasting Power of Attorney, no attorney may act if an undischarged bankrupt or under certain types of debt order.
Can my attorneys steal my money?
If you are worried about that, they are not the right choice maybe? Attorneys are not allowed to profit from the job (unless professionals) and neither are they allowed to advance their inheritance! There are precautions that we can build into your LPA if you wish.
When should I set them up?
If you are over 18 – NOW. As soon as possible. You must do it before any loss of mental capacity. That could be tomorrow in a car accident, so best not to delay! Once capacity is lost, it’s too late—and your family would have to go to the Court of Protection, which is long, costly, and stressful.
When is an LPA valid?
As soon as they are registered, they are valid, but that doesn’t mean the attorneys can use them immediately. That depends on the wording of the Property and Financial Affairs one, and in both cases on the situation and how urgent it is. The Health and Welfare one can only be used if you don’t have the ability – even with help – to make a specific decision with a reasonable time depending on the urgency.
What happens if I don’t have an LPA?
No one can legally manage your finances or care. Loved ones must apply to the Court of Protection, which typically costs £3,000–£5,000+, with ongoing fees, it takes months, and adds huge stress. Lasting Powers of Attorney mean people YOU choose are in charge, and once registered, can be used immediately if you are unable to make decisions within a reasonable time.
Does making an LPA mean I lose control?
Absolutely not. The whole point is to make your wishes known to people you trust. You can leave instructions and guidance in the documents. The Welfare one can ONLY be used if your mental state is such that you are unable to make a decision within a reasonable time in the circumstances. The Finance one is similar but you can choose to allow your Attorneys to act at any time despite being capable of making your own decisions.
What are the common mistakes to avoid?
Avoid using the wrong forms, incorrect names, or missing pages. Thinking it’s an easy job is a common trap! We can help you get it right, and to take FULL advantage of what LPAs can do for you.
Is there much paperwork to make a Lasting Power of Attorney?
Yes, the General Guide is 66 pages long, and the application pack for each type of LPA is a further 24 pages, making 114 pages in all. We can take most of that load off your mind and give sound advice for a relatively modest fee (our research indicates that you could easily pay four times and much and, apparently, get less advice – which is actually the key.
Illustration: Woman tripping – sudden incapacity
Who can be my attorney?
Anyone over 18, mentally capable, and trustworthy—including family, friends, or professionals. You can appoint multiple attorneys and specify whether they act together or independently. For a Property and Financial Affairs Lasting Power of Attorney, no attorney may act if an undischarged bankrupt or (I understand) under certain types of debt order.
Can my attorneys steal my money?
If you are worried about that, they are not the right choice maybe? Attorneys are not allowed to profit from the job (unless professionals) and neither are they allowed to advance their inheritance! There are precautions that we can build into your LPA if you wish.
When should I set one up?
If you are over 18 NOW as otherwise the Court of Protection (not spouse or parents) are in charge if you lose the ability to make decisions, even for a short time). You must set them up before any loss of mental capacity. That could be tomorrow in a car accident, so best not to delay! Once capacity is lost, it’s too late—and your family would have to go to the Court of Protection, which is long, costly, and stressful.
What does ‘mental capacity’ actually mean?
You’ll see the phrase ‘mental capacity’ come up quite a lot when you’re dealing with LPAs – and for good reason. It’s one of the key things that decides whether someone can make an LPA or not. So here’s a plain-English explanation.
Mental capacity just means whether someone is able to make a particular decision at the time it needs to be made. It’s not about being clever or remembering everything – it’s about understanding what’s going on well enough to decide something for yourself.
To have mental capacity for a decision, someone needs to:
- Understand what the decision is
- Know why it matters
- Take in the key facts that help them decide
- Have a sense of what might happen depending on what they choose
- And be able to let someone know what they’ve decided – whether that’s by speaking, pointing, writing, signing, or even blinking
It’s not all-or-nothing, either. Someone might be perfectly able to choose what they want for lunch but struggle with more complicated decisions like managing money or arranging insurance. So just because someone finds one type of decision hard doesn’t mean they can’t make any. Urgency factors into it too – if it is a life or death decision that has to be made NOW, and they can’t make it, likely the attorney can. But if it is just what colour to paint a wall, that is hardly urgent, so the attorneys may need to wait and help the person make their own decision in time.
How do you know if someone lacks mental capacity?
There’s a simple test for this – two questions:
- Is there something affecting the way their mind or brain works? (This could be dementia, a stroke, confusion after an accident – anything like that.)
- Because of that, are they unable to make the decision they need to make, right now?
If the answer to both is yes, then legally they’re said to ‘lack capacity’ for that particular decision, provided it is genuinely urgent.
To be classed as unable to make the decision, they’d have to struggle with one or more of these:
- Taking in the relevant information
- Holding that information in their mind long enough to weigh it up
- Weighing it up properly
- Communicating what they want to do
In real life, things aren’t always black and white – especially when decisions are complicated. If in doubt, it’s worth getting advice from a medical professional, such as a GP or specialist, to be sure. (But sometimes easier said than done, and may necessitate going private.) Attorneys should be aware that they are open to criticism if they push decisions through rather than helping the person to make it in their own time, unless it is truly urgent and crucial.
Who can be appointed as your Attorney?
An attorney for a Lasting Power of Attorney (LPA) can be any adult who is over 18 and has mental capacity (for property and financial affairs LPAs they cannot be bankrupt). This can be a family member, friend, or a professional such as a solicitor, accountant or Trust Corporation..
Here’s a more detailed breakdown:
Who can be an attorney?
- Age: The person must be 18 years or older. Unfortunately, you can put young kids on to take on responsibility later, which I think is a shame.
- Mental Capacity: They must have the mental capacity to understand their role and make decisions.
- Not Bankrupt: If the LPA is for property and financial affairs, the attorney cannot be bankrupt.
- Individuals or Organisations: You can appoint individuals or organisations like a firm of solicitors, an accountant or a Trust Corporation, though they will generally only deal with the financial side..
- Family, Friends you can of course choose family members, friends etc.
When is an LPA valid?
As soon as they are registered, they are valid, but that doesn’t mean the attorneys can use them immediately. That depends on the wording of the Property and Financial Affairs one, and in both cases on the situation and how urgent it is.
What happens if I don’t have an LPA?
No one can legally manage your finances or care. Loved ones must apply to the Court of Protection, which costs £3,000–£5,000+, takes months, and adds huge stress. Commonly, a solicitor is appointed as Deputy to take charge, and will be paid from your assets.
Does making an LPA mean I lose control?
Absolutely not. The whole point is to make your wishes known to people you trust. You can leave instructions and guidance in the documents.
Illustration: Drug reaction – young person affected
What are the common mistakes to avoid?
Avoid using the wrong forms, incorrect names, or missing pages. Thinking it’s an easy job is a common trap! We can help you get it right.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you appoint someone (an attorney or attorneys) to make decisions on your behalf if you lose mental capacity (the ability to make decisions within a reasonable time frame in the circumstances). You should have one for Property & Financial Affairs and another for Health & Welfare.
Is there much paperwork to make a Lasting Power of Attorney?
Yes, the General Guide is 66 pages long, and the application pack for each type of LPA is a further 24 pages, making 114 pages in all. We can take most of that load off your mind and give sound advice for a relatively modest fee (our research indicates that you could easily pay four times and much and, apparently, get less advice – which is actually the key.
Who can be my attorney?
Anyone over 18, mentally capable, and trustworthy—including family, friends, or professionals. You can appoint multiple attorneys and specify whether they act together or independently. For a Property and Financial Affairs Lasting Power of Attorney, no attorney may act if an undischarged bankrupt or (I understand) under certain types of debt order.
Can my attorneys steal my money?
If you are worried about that, they are not the right choice maybe? Attorneys are not allowed to profit from the job (unless professionals) and neither are they allowed to advance their inheritance! There are precautions that we can build into your LPA if you wish.
Illustration: Hospital scene – critical condition
Does making an LPA mean I lose control?
Absolutely not. The whole point is to make your wishes known to people you trust. You can leave instructions and guidance in the documents.
What are the common mistakes to avoid?
Avoid using the wrong forms, incorrect names, or missing pages. Thinking it’s an easy job is a common trap! We can help you get it right.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you appoint someone (an attorney or attorneys) to make decisions on your behalf if you lose mental capacity. You can have one for Property & Financial Affairs and another for Health & Welfare.
Illustration: Spiked drink – vulnerable situations
Do I need both types of LPA?
Yes—these cover different areas. One controls your finances, bills, and property; the other covers medical, care, and daily living decisions. Together, they ensure you’re fully protected. Who wants to be in a cheap care home (in Rwanda, the ways things are going) when a Health and Welfare LPA empowers your chosen attorneys to make the choice.
Is there much paperwork to make Lasting Power of Attorney?
Yes, the General Guide is 66 pages long, and the application pack for each type of LPA is a further 24 pages, making 114 pages in all. We can take most of that load off your mind and give sound advice for a relatively modest fee (our research indicates that you could easily pay four times and much and, apparently, get less advice – which is actually the key.
Who can be my attorney?
Anyone over 18, mentally capable, and trustworthy—including family, friends, or professionals. You can appoint multiple attorneys and specify whether they act together or independently. For a Property and Financial Affairs Lasting Power of Attorney, no attorney may act if an undischarged bankrupt or (I understand) under certain types of debt order.
Can my attorneys steal my money?
If you are worried about that, they are not the right choice maybe? Attorneys are not allowed to profit from the job (unless professionals) and neither are they allowed to advance their inheritance! There are precautions that we can build into your LPA if you wish.
When should I set up LPAs?
Over 18? No one has any right to help if you lose the ability temporarily or permanently – not your parents, not your spouse, just the Court of Protection. So the answer is always NOW! You must do it before any loss of mental capacity. That could be tomorrow in a car accident, so best not to delay! Once capacity is lost, it’s too late, and your family would have to go to the Court of Protection, which is long, costly, and stressful.
When is an LPA valid?
As soon as they are registered, they are valid, but that doesn’t mean the attorneys can use them immediately. That depends on the wording of the Property and Financial Affairs one, and in both cases on the situation and how urgent it is…
Illustration: Mental health – straitjacket illustration
What happens if I don’t have an LPA?
No one can legally manage your finances or care. Loved ones must apply to the Court of Protection, which costs £3,000–£5,000+, takes months, and adds huge stress.
What are the common mistakes to avoid?
Avoid using the wrong forms, incorrect names, or missing pages. Thinking it’s an easy job is a common trap! We can help you get it right. 25 years experience of making Powers of Attorneys of all types.
What is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that lets you appoint someone (an attorney or attorneys) to make decisions on your behalf if you lose mental capacity. You can have one for Property & Financial Affairs and another for Health & Welfare.
What are the common mistakes to avoid?
Avoid using the wrong forms, incorrect names, or missing pages. Thinking it’s an easy job is a common trap! We can help you get it right. To be honest, the most common mistake is to rely on advice, sometimes expensive, from experts who are highly qualified in entirely different areas of the Law. This is a job that needs experience and empathy.
What safeguards exist to protect me from misuse?
Several. Attorneys must follow the Mental Capacity Act and a Code of Practice. They must act in your best interests, keep money separate, and keep records. The Office of the Public Guardian can investigate complaints and remove attorneys. You can also appoint multiple attorneys or include restrictions.
If you lose capacity and don’t have a trusted attorney in place, anyone managing your affairs (after a court battle) may not know you well. With a Property & Financial Affairs LPA, your attorney can monitor accounts, challenge unusual transactions, and act quickly if something’s not right.
Can I make my attorney account for how they spend my money?
Yes. Attorneys should keep a record of decisions and spending, and we advise setting that expectation from the start. You can also ask for bank statements to be reviewed by a trusted third party. Transparency is often the best deterrent.
Can LPAs be used for managing property or tenancies?
Yes. A Property & Financial Affairs attorney can sell, let, or maintain property—though they may need extra ID checks with HM Land Registry or letting agents. If you’re a landlord, we can add instructions about what should happen with tenants, repairs, or rent collection.
Can LPAs be used in business?
Absolutely. If you’re a sole trader, director, or partner, a Business LPA is a must. It allows someone to handle payroll, authorise payments, or make key decisions if you’re incapacitated. Without it, your business could grind to a halt at exactly the wrong moment.
Can I include funeral wishes in my LPA?
You can—but strictly speaking, funeral wishes belong in your Will. LPAs only cover decisions while you’re alive. However, you can add guidance in your Health & Welfare LPA to say things like “I would prefer not to be resuscitated if the quality of life would be minimal,” which may influence palliative care.
Can an LPA be made under pressure or coercion?
It shouldn’t be. That’s why the certificate provider’s job is so important—they confirm you understand what you’re doing and that no one is forcing you. We’re trained to spot red flags and will not proceed if we suspect coercion. If you don’t mind visiting my office, I will act as Certificate Provider for no extra cost.
If I make an LPA, do I still need to manage my finances?
Yes—unless and until you decide to let your attorney take over. Having an LPA doesn’t hand over power immediately. You stay in full control for as long as you’re able. Think of it as an insurance policy for your independence.
Can I limit how much money my attorney can access?
You can include restrictions—but they must be practical and clear. For example, “no single transaction over £5,000 without consulting [someone]” is possible, but be careful not to tie your attorney’s hands in a crisis. We’ll help get the balance right.
Do LPAs need to be registered straight away?
In reality,YES—they must be registered with the Office of the Public Guardian before they can be used. You can’t wait until an emergency. Registration takes time, so we always recommend doing it immediately once the forms are signed. People who leave registration too late may find that the Office of the Public Guardian reject them for a tiny error, which cannot be undone if you have lost capacity, so though it is a pain, it is vital.
Do LPAs expire or need renewing?
No – ish! They don’t expire. But if circumstances change, it may be worth making a new one. The existing one stays valid unless revoked, replaced, or ruled invalid by the OPG or Court of Protection.
Can I use a digital signature?
Not at the moment. The LPA process still requires wet ink signatures and strict witnessing rules. However, the government is exploring digital options for the future. Until then, the paper version is king.
What happens if I name my spouse as attorney and we divorce?
If your LPA was made after your marriage, divorce normally revokes that spouse’s role—unless you’ve said otherwise in the LPA. That’s why it’s vital to review your LPA if there’s any change in your relationship. Always include replacement attorneys as a safety net. You can specifically exclude this if you are certain.
Can I exclude someone from having any say in my care or finances?
Yes, to an extent. You choose your attorneys, and no one else has legal authority unless they’re appointed by the Court of Protection. You can also leave clear guidance in the LPA to prevent unwanted interference from specific individuals, which attorneys can show to professionals if needed.
What if I don’t get on with my children?
You don’t have to appoint your children as attorneys. You’re not legally obliged to choose family. The most important quality is trustworthiness, not DNA. We help lots of people who’d rather choose a sibling, friend, or professional over a child who isn’t suitable.
Do my attorneys have to live near me?
Not necessarily—but practicalities matter. Someone living locally may be better placed to help with errands, hospital visits, or property matters. For Health & Welfare LPAs in particular, physical presence can be important. You can mix and match with a local and a distant attorney.
What if I lose capacity before the LPA is registered?
It may still be possible to register it if it is perfect in every way. However, unregistered LPAs have no legal power. Your family would need to apply for a deputyship through the Court of Protection, which is much slower and more expensive. We’ve seen this happen, and it’s always distressing.
Can someone challenge my LPA?
Yes, but only under specific grounds—such as fraud, undue pressure, or lack of capacity when it was signed. The Office of the Public Guardian investigates concerns seriously. A well-drafted, witnessed, and registered LPA is your best protection.
If I have LPAs, do I still need anyone to make decisions for me?
Not until you can’t – or in the case of the Property and Finance LPA, not until you can’t o don’t wish to – you can delegate decisions to your attorneys if you like. An LPA doesn’t hand over your independence—it just ensures someone you trust can act when you can’t. It’s like a seatbelt: you hope never to need it, but you’d be mad to drive without one.
Can my attorney be held accountable in court?
Yes—if they misuse funds, fail to act in your best interests, or neglect their duties, they could face legal consequences. This includes repayment of misused money, removal from the role, or even prosecution in serious cases.
Will the government or social services take control without an LPA?
Potentially, yes. Without an LPA, decisions about your care and living arrangements could fall to the local authority or NHS. They’ll aim to act in your best interests, but that might not reflect your wishes—or your family’s input.
Can I use an LPA to stay out of a care home?
You can’t demand that in absolute terms, but your Health & Welfare attorneys can follow your wishes and push for alternatives—such as home care or live-in carers. Without an LPA, you might be moved into care by the council without much family say. The way things are going, one wonders if Local Authorities might soon be saving money by using Care Homes in Rwanda!
I’m still young. Should I bother with an LPA?
Yes. Accidents, strokes, mental health crises, or coma-inducing illnesses don’t ask for your age. We’ve set up LPAs for people in their 20s and 30s—often after something unexpected happened to a friend or relative. It’s responsible, not pessimistic. In an ideal world you should set them up on your 18th birthday, as after that neither your parents (or your spouse) has control – the Copurt of Protection does.
Is it true that I lose control once I make an LPA?
No. You stay in control while you have capacity. You can even choose when the Property & Financial Affairs one becomes usable—either immediately, or only if you lose capacity. Your attorneys are your backup team, not your replacements.
How can I check if someone has a registered LPA or deputyship?
You can request a search of the OPG’s registers by completing form OPG100 and sending it to the Office of the Public Guardian. The OPG aims to respond within 15 working days.