A Lasting Power of Attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
You do not need to live in the UK or be a British citizen.
There are 2 types of LPA:
Health and welfare
Property and financial affairs
You can choose to make one type or both.
Your attorney needs to be 18 or over. They could be:
a relative
a friend
a professional, for example a solicitor
your husband, wife or partner
You must appoint someone who has the mental capacity to make their own decisions. Your attorney does not need to live in the UK or be a British citizen. When choosing an attorney, think about:
how well they look after their own affairs, for example their finances
how well you know them
if you trust them to make decisions in your best interests
how happy they will be to make decisions for you
Choose your attorney (you can have more than one).
Fill in the forms to appoint them as an attorney.
Register your LPA with the Office of the Public Guardian (this can take up to 10 weeks).
It costs £82 to register an LPA unless you get a reduction or exemption.
You can cancel your LPA if you no longer need it or want to make a new one.
Health and welfare lasting power of attorney
Use this LPA to give an attorney the power to make decisions about things like:
your daily routine, for example; washing, dressing, eating
medical care
moving into a care home
life-sustaining treatment
It can only be used when you’re unable to make your own decisions.
Property and financial affairs lasting power of attorney
Use this LPA to give an attorney the power to make decisions about money and property for you, for example:
managing a bank or building society account
paying bills
collecting benefits or a pension
selling your home
It can be used as soon as it’s registered, with your permission.
Contact the Office of the Public Guardian if you need help or for more information, including guidance on making an LPA.
Email:
customerservices@publicguardian.gov.uk
Telephone:
Textphone:
Monday, Tuesday, Thursday, Friday, 9am to 5pm
Wednesday, 10am to 5pm