Planning for the future isn’t always easy, but taking steps to protect yourself and your loved ones can make a big difference. One important legal tool that can help is a Lasting Power of Attorney (LPA). But what exactly is it, and why might you need one?
Understanding a Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that allows you (the “donor”) to appoint someone you trust (an “attorney”) to make decisions on your behalf if you lose the ability to do so yourself. This can cover two main areas:
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Property and Financial Affairs LPA – This allows your attorney to manage your finances, such as paying bills, managing bank accounts, collecting benefits, or selling property.
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Health and Welfare LPA – This allows your attorney to make decisions about your health care and personal welfare. This could include decisions about medical treatment, care homes, or day-to-day wellbeing.
Without an LPA in place, if you become unable to make these decisions, your family may have to apply to the Court of Protection, which can be stressful, time-consuming, and costly.
Why Do You Need an LPA?
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Protect your future autonomy – You choose who can make decisions on your behalf.
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Avoid family disputes – Clear guidance reduces disagreements among relatives.
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Ensure your wishes are respected – You can set limits and provide instructions for your attorneys.
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Plan for unexpected illness or injury – Conditions like stroke, dementia, or serious accidents can make decision-making difficult or impossible.
Choosing Your Attorneys
It’s essential to choose someone you trust implicitly, as they could have significant control over your finances and personal welfare. You can appoint:
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A single attorney, or multiple attorneys to act together or jointly and severally.
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Replacement attorneys if your first choice cannot act.
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Attorneys who are trusted professionals, like solicitors, if family or friends are not suitable.
How to Set Up an LPA
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Download or obtain the forms from the Office of the Public Guardian (OPG).
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Complete the forms carefully, detailing your attorneys, powers, and preferences.
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Sign and certify the forms with witnesses and a certificate provider.
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Register your LPA with the OPG – it is not valid until registration is complete.
Registration usually takes 8–10 weeks, so it’s best to plan ahead.
Key Considerations
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LPAs only take effect if you lose capacity (except for property and financial affairs LPAs, which can be made effective immediately if you wish).
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You can revoke or amend your LPA while you still have capacity.
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Costs include registration fees with the OPG, and optionally solicitor fees if you use professional guidance.
Final Thoughts
A Lasting Power of Attorney is a crucial part of planning for the future. It ensures your wishes are followed, protects your interests, and provides peace of mind for both you and your loved ones. Setting one up may seem daunting, but with the right guidance, it’s a straightforward process that can make a significant difference in times of need.
If you’re considering an LPA and want professional advice tailored to your situation, contacting an experienced solicitor can make the process simple, clear, and legally sound.
