What is a Lasting Power of Attorney?
A Lasting Power of Attorney, or LPA as they are commonly referred to, is a legal document that allows you to appoint someone, known as an attorney, to make decisions on your behalf should you lose the ability to do so yourself.
There are two types of Lasting Power of Attorney: one for financial decisions and one for health and welfare. Anyone over the age of 18 with mental capacity can make a Lasting Power of Attorney.
A Lasting Power of Attorney must be registered with the Office of the Public Guardian to be legally valid. It cannot be entered into if someone has already lost capacity. In those circumstances, an application to the Court of Protection is necessary.
We know saving money is more important than ever
You can now save £150* as a couple when writing your Wills and two Lasting Power of Attorneys alongside each other. *Terms and conditions apply.
Different Types of Lasting Powers of Attorney
There are two types of LPA, which cover different areas. It is usual for most people to apply for both at the same time, but you can apply for just one if you would prefer:
Property & Financial Affairs LPA
This type of LPA allows your attorneys to make decisions regarding your property and financial affairs (see examples below) and can be used immediately after registration with your consent.
- Buy or sell property.
- Open, close or operate your bank account, building society account and other investments.
- Access your financial information.
- Deal with any benefits, pensions, allowances and rebates.
- Receive income and inheritances.
- Handle your tax affairs.
- Pay any mortgage, rent, household expenses and other expenses or debts.
- Insure, maintain and repair your property.
- Pay for medical or care home fees. However, please note that your attorneys will not be able to make specific decisions about your care, but will be able to deal with the financial aspects.
- Use your money to pay for any equipment, vehicle, etc. for you.
- Invest your savings.
If you would like to set up an LPA for property and financial affairs, our lasting power of attorney teams in Sheffield, Chesterfield, Dronfield and Mansfield can provide you with expert guidance.
Health & Welfare LPA
A Health and Welfare LPA allows your attorneys to make decisions about your medical treatment. This LPA can, if you wish, allow your attorneys to give or refuse consent to life-sustaining treatment (see examples below). It is valid from registration, but can only be used by your attorneys if you were to lose your mental capacity to make decisions yourself.
As experienced power of attorney legal professionals, we will ensure your preferences are legally protected and clearly documented.
- Medical matters, such as giving or refusing consent to medical examination or treatment.
- Arrangements regarding your medical, dental or optical treatment.
- Where you will live and who with, including residential care.
- Decisions about your day-to-day care, including what to wear and what to eat.
- The assessment of any community care service.
- Accessing personal information regarding medical reports or legal records.
- Deciding whether any social, leisure or educational activities are required and going on holidays, or authorising someone else to do so.
- Maintaining personal paperwork and any correspondence received.
- Complaints regarding your care or treatment.
If you have any concerns regarding medical or life-sustaining treatment whilst you retain capacity, we recommend preparing a Living Will. If you require any information about Living Wills, please let us know.
Not sure whether a Health and Welfare LPA is the right choice for your situation? Our lasting power of attorney experts in Chesterfield, Mansfield, Dronfield and Sheffield can explain your options and help you make the right decision.
How To Choose The Right Type of LPA
If you are unsure which LPA is best for you, requesting power of attorney advice can help guide you through the options based on your personal circumstances. Many clients choose to set up both types of LPA at the same time, particularly where there may be concerns about future health and finances, or where there may be difficult family dynamics, etc.
You don’t need to make these decisions alone, our team will help you understand how each option works and what suits your personal circumstances.
When Should You Contact a Power of Attorney Expert?
It is important to keep in mind that you must be considered to have the mental capacity to make your own decisions at the time the application for an LPA is made. This means that the document is a precautionary measure, and not something that can be requested by family or friends after the fact, should you lose capacity in the future. Once granted, a Lasting Power of Attorney will then last for your entire life.
Whilst Powers of Attorney are often arranged later in life, where the risks of losing mental capacity are higher, we would advise that anyone with complex financial affairs consider them. A lack of capacity can occur at any age, due to illness or accidents, so it’s important to take the appropriate precautions to protect yourself.
Although the Government has taken steps in recent years to try and simplify the process of acquiring a Lasting Power of Attorney, the current system is still one in which we would strongly recommend instructing professional power of attorney experts to guide you through the process. An increase in the number of people applying for LPAs themselves has resulted in a spate of fraud cases, with misuse and abuse of positions of trust being the fastest-growing type of fraud against vulnerable people. It is therefore greatly important that you seek the proper advice and protections when applying for your own Lasting Power of Attorney.
How Can Our Family Law Solicitors Help?
We can help you to ensure, that when the time comes:
- Bank accounts can still be accessed and important payments processed
- Decisions can be made on the sale of your property and/or other assets
- Decisions are made on your Health and Welfare
- An expensive and complicated Court of Protection order is avoided
If you have any queries about LPAs, please do not hesitate to contact a member of our expert team, who would be more than happy to discuss with you further.
Should you have a relative or friend who has lost mental capacity, but does not have a Lasting Power of Attorney in place, then you may be able to make an application to the Court of Protection.
If you have any queries or want to set up an LPA, speaking with a power of attorney professional can make the process clearer and more secure. Our experienced lasting powers of attorney teams in Chesterfield, Mansfield, Dronfield and Sheffield are here to guide you through every stage, from registration to ongoing support.
Registration of your LPA
Please note that your LPA must be registered with the Office of the Public Guardian (OPG) before your attorney(s) can use any of their powers. Once you have registered your LPA they will then be valid. Your attorneys can begin using their powers under your Property Financial Affairs LPA, but the Health and Welfare LPA can only be used if you lose your mental capacity.
What is an LPA?
What is the Average Cost of a Lasting Power of Attorney?
Our legal fees for preparing a Lasting Power of Attorney are fixed; there are no hidden extras. There is currently a court registration fee of £92 per LPA, though discounts and exemptions are available for low-income or means-tested benefit recipients.
If your income is under £12,000 or you receive benefits such as Income Support, Employment and Support Allowance, Housing Benefit or Pension Credit, we may be able to apply for a fee remission or exemption on your behalf.
Why choose Banner Jones Family Law Solicitors?
- Specialist power of attorney professionals with experience across Chesterfield, Sheffield and the wider region
- Clear, fixed fees with no hidden costs
- Local offices with approachable, expert teams
- A trusted reputation with hundreds of satisfied clients
- Flexible appointments to suit you, including home visits where necessary
- Experience supporting vulnerable clients and families in complex situations
Lasting Power of Attorney Dispute – A legal battle to protect an Elderly Client’s wishes
A family conflict over LPAs led to lost inheritance and legal battles. Discover how our solicitors helped resolve the dispute and protect the client’s rights.
How to Make a Will
Making a Will is commonly associated as something you do in later life however, in reality anyone over the age of 18 can have a Will and we would strongly recommend it to anyone with children.
What is an LPA?
Kathryn Wheeldon explains what an LPA is, why they are useful and how to make one.
Coronavirus vaccine consent and mental capacity
The Coronavirus vaccine is being rolled out quickly and among the first groups of people to receive it are the elderly living in care homes with Dementia. These people may be unable to make the decision for themselves to have the vaccine and give the consent required.
Deputyship fee refunds scheme
You might be eligible for a refund if you were overcharged deputyship fees by the Office of the Public Guardian (OPG) for England and Wales. Refunds are being offered to those who were charged more than was necessary for certain deputyship fees charged for any period between 1 April 2008 and 31 March 2015.
Power of Attorney – The case for and against
Setting up a trusted family member or friend with a Lasting Power of Attorney (LPA) ensures that someone else is able to make important decisions for you when you’re no longer in a position to be able to make them for yourself. But this in itself is always going to be a key decision in your life, so it’s important to consider the benefits and risks before going ahead with giving another person the authority LPA unlocks.
What Happens if I Don't Have a Will?
What’s the worst that could happen if you don’t have a Will? Our expert Wills solicitors have explain what can happen, in simple terms, in our guide.
Lasting Powers of Attorney
A Lasting Power of Attorney (often referred to as an “LPA”) is a legal document which appoints one or more people as your attorneys who can make decisions on your behalf. Once the LPA has been registered it can last for the rest of your life, even if you lose mental capacity.
New Deputy Report Forms to Improve Safeguards for At-risk Adults
The Office of the Public Guardian (OPG) has introduced new and improved forms to be used by deputies.
The True Cost of Divorce in Retirement
The financial effects of divorce last much longer than the initial cost of the break up.
