A Lasting Power of Attorney, usually shortened to LPA, is one of the most important legal documents an adult can put in place. It allows you to choose, in advance, the people you trust to make decisions for you if a time comes when you can no longer make them yourself. Despite how valuable they are, LPAs remain one of the most overlooked parts of personal planning in England and Wales.
What an LPA actually does
An LPA is a formal legal authority registered with the Office of the Public Guardian. Once registered, your chosen attorneys can step in to manage matters on your behalf. The document only takes practical effect when it is needed, but it must be signed and registered while you still have full mental capacity.
The two types of LPA
There are two distinct LPAs and most clients benefit from putting both in place at the same time.
- Property and Financial Affairs covers bank accounts, bills, investments, pensions and the sale of property. It can be used while you still have capacity if you would simply find the help useful.
- Health and Welfare covers medical treatment, day-to-day care, where you live and decisions about life-sustaining treatment. It can only be used once you lose the capacity to decide for yourself.
The risk of leaving it too late
If capacity is lost before an LPA is in place, family members must apply to the Court of Protection for a Deputyship Order. That process is considerably slower, more expensive and more intrusive than putting an LPA in place during your lifetime. In the meantime, banks freeze accounts, direct debits fail and important medical decisions can be delayed.
How families benefit
A well drafted LPA gives a family clear authority and removes the guesswork at what is already a difficult time. It allows bills to be paid, care to be arranged and conversations with hospitals and care homes to happen without unnecessary obstacles. It also lets you record preferences and instructions, so your wishes are followed rather than assumed.
Putting an LPA in place is not about expecting the worst. It is about making sure the people you trust have the authority to act if it is ever needed.
The legal process in brief
We discuss your circumstances, draft the LPA, arrange for the required certificate provider to confirm you understand what you are signing, and then submit the document to the Office of the Public Guardian for registration. Registration usually takes between eight and twelve weeks, after which the LPA is ready to use whenever it is needed.