What Is Lasting Power Of Attorney?
Answer: A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone else (your ‘attorney’) to make decisions on your behalf about property and financial matters, or health and welfare matters, if you ever lose the mental capacity to make these decisions for yourself.
LPAs are created under the Mental Capacity Act 2005 and can be used in England and Wales. There are two types of LPA: one for property and financial matters, and one for health and welfare matters. You can choose to appoint different people to act as your attorneys for each type of LPA, or you can appoint the same person to act as both your attorney for property and financial matters, and your attorney for health and welfare matters.
The way an LPA is set up can vary, but usually you will need to visit a solicitor to do this. However, the Office of the Public Guardian (OPG) has launched a DIY kit that allows people to create their own LPA at home using guidance and templates provided by OPG and in association with the Law Society. This is called an LPA Lifetime, which you can find here . (Note: this link will take you to the Law Society website).
When creating your LPA you must sign it in front of either a solicitor or one of the OPG’s nominated witnesses. They will then witness your signature and may also need to check that you understand what the LPA is and also that it’s in your best interests to create one. You can find out more about witnesses on the OPG website here .
After your LPA has been created it must be registered with OPG, who will keep a public register of LPAs. This means anyone looking at the register can see your LPA and who it’s been made with.
You must also keep a copy of your LPA, or make a note of its terms, so that you know how it works and what decisions have been made on your behalf. If you don’t have a copy of the relevant type of LPA, you can ask OPG for one. If you want to make any changes to your LPA at a later date, you must tell OPG in writing and they will then update their register.
There is no legal requirement to have an LPA but it can be useful if you lose the mental capacity to make financial or property decisions for yourself. The person you have appointed as your attorney will then take over these decisions for you, so that your wishes are followed.