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Planning for the future is an essential part of life, yet many of us overlook the importance of preparing for unexpected circumstances. One of the most effective ways to ensure your wishes are respected, even if you’re unable to make decisions for yourself, is by setting up a Lasting Power of Attorney (LPA). This legal document allows you to appoint someone you trust to make decisions on your behalf, ensuring your finances, health and well-being are managed according to your wishes.
A Lasting Power of Attorney is a legal document that grants authority to one or more individuals (known as attorneys) to make decisions on your behalf if you lose the mental capacity to do so yourself. This could happen due to illness, injury, or conditions like dementia. There are two main types of LPA:
Property and financial affairs LPA: This allows your attorney to manage your finances, such as paying bills, managing bank accounts or selling property.
Health and welfare LPA: This gives your attorney the authority to make decisions about your medical care, daily routine and living arrangements.
It’s important to note that an LPA is only valid once it’s registered with the Office of the Public Guardian (OPG). Without an LPA in place, your loved ones may face significant challenges in managing your affairs, potentially requiring a time-consuming court application to gain the necessary powers.
Setting up an LPA is a straightforward process, but it requires careful consideration and attention to detail. To set up an LPA, you need to:
The first step is to decide who you want to appoint as your attorney. This should be someone you trust implicitly, such as a family member or close friend. You can appoint more than one attorney and specify whether they should make decisions jointly or separately.
Determine whether you need a property and financial affairs LPA, a health and welfare LPA, or both. Each type serves a different purpose, so consider your specific needs and preferences.
You can download the relevant LPA forms from the gov.uk website. These forms require detailed information, including:
A certificate provider is an independent person who confirms that you understand the LPA and are making it voluntarily without any pressure. This can be someone you’ve known for at least two years (like a friend or colleague) or a professional, such as a doctor or solicitor.
Once the forms are completed, you and your attorney(s) must sign them in the correct order. Your certificate provider must also sign to confirm your understanding and consent.
Before the LPA can be enforced, it must be registered with the Office of the Public Guardian. This process typically takes around 8 to 10 weeks and requires a registration fee. If you’re on a low income, you may be eligible for a reduction or exemption.
Once registered, it’s a good idea to inform relevant parties such as your bank, doctor, or family members about the LPA. This ensures everyone is aware of your arrangements and can act accordingly.
The short answer is no. You can set up an LPA yourself using the government’s online forms and guidance. However, there are situations where seeking professional legal advice may be beneficial:
Complex situations: If your financial affairs are complicated (e.g. you own multiple properties or have significant investments), a solicitor can help ensure your LPA is tailored to your needs.
Family disputes: If there’s a risk of disagreements among family members, a solicitor can provide impartial advice and help prevent future conflicts.
Peace of mind: A solicitor can review your LPA to ensure it’s legally sound and accurately reflects your wishes.
While setting up an LPA yourself can save money, mistakes in the application process can lead to delays or even rejection by the OPG. If you’re unsure about any aspect of the process, speak to one of our friendly family law experts today.
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