Power of Attorney

A Guide To Powers of Attorney in the UK:

  1. Introduction –Â

A lasting power of attorney (LPA) is a legal document that empowers an individual (the donor) to appoint one or more trusted individuals (known as attorneys) to make decisions on their behalf. LPAs are essential for ensuring that your wishes are respected when you’re unable to make decisions due to illness, accident, or other circumstances where you lack mental capacity.

  1. Types of LPAs

In the UK, there are two main types of LPAs:

  1. Health and Welfare LPA
  • Purpose: This LPA grants an attorney the authority to make decisions related to your well-being and daily life.
  • Examples of Decisions:
    • Managing your daily routine (e.g., bathing, dressing, eating).
    • Medical care and treatment.
    • Moving into a care home.
    • Life-sustaining treatment.
  1. Property and Financial Affairs LPA
  • Purpose: This LPA allows an attorney to handle financial matters and property on your behalf.
  • Examples of Decisions:
    • Managing bank accounts or building society accounts.
    • Paying bills.
    • Collecting benefits or pensions.
    • Selling your home.
  1. How to Create an LPA

Follow these steps to create an LPA:

  1. Choose Your Attorney:
    • You can appoint more than one attorney.
    • Consider someone you trust implicitly.
  2. Complete the Forms:
    • Fill out the necessary forms to officially appoint your chosen attorney(s).
    • Be thorough and accurate.
  3. Register with the Office of the Public Guardian (OPG):
    • Registration can take up to 20 weeks.
    • The registration fee is £82 unless you qualify for a reduction or exemption.
  4. Health and Welfare LPA vs. Property and Financial Affairs LPA:
    • The health and welfare LPA can only be used when you’re unable to make decisions.
    • The property and financial affairs LPA can be used once registered (with your permission).
  1. Conclusion

A well-structured LPA ensures that your wishes are honoured even when you can’t express them directly. Take the necessary steps to create an LPA and secure your future.  For more information contact us here

Remember, consulting the Office of the Public Guardian can provide further guidance if needed1.