Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more people (attorneys) to make decisions on your behalf if you lose the mental capacity to do so yourself.

There are two types of LPA. A Property and Financial Affairs LPA covers decisions about your bank accounts, property, investments, and other financial matters. It can be used either immediately after registration (if you choose) or only when you have lost capacity. A Health and Welfare LPA covers decisions about your medical treatment, daily care, and where you live. This type can only be used once you have lost mental capacity.

Creating an LPA while you have full mental capacity is an important act of forward planning. If you lose capacity without having an LPA in place, your family may need to apply to the Court of Protection for a Deputyship Order — a significantly more costly and time-consuming process.

The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration takes several weeks and a registration fee is payable. Solicitors can ensure the document is correctly drafted, witnessed, certified, and lodged for registration.

When choosing your attorney, consider whether they are trustworthy, capable of making complex decisions on your behalf, and willing to act in your best interests even under pressure. You can appoint more than one attorney and specify whether they act jointly or independently.

At Terence Ray Solicitors, we take time to explain your options clearly and draft an LPA that accurately reflects your wishes.

Call us on 020 3367 1430 or email info@trsolicitors.co.uk.