Lasting Power of Attorney

A Lasting Power of Attorney, or LPA, is one of the most useful things you can put in place for later life, and yet it is something a great many of us put off. Far from signing away control, it is a way of keeping it: an LPA lets you choose, while you are well, the people you would trust to step in and make decisions for you if a time ever came when you could not make them yourself. It brings real peace of mind, both to you and to your family. This page explains what an LPA is, the two kinds, and how to set one up.

What an LPA is

An LPA is a legal document in which you, known as the donor, appoint one or more people you trust, your attorneys, to make decisions on your behalf if you are ever unable to. That might be after a stroke, a serious illness or an accident, or if you develop a condition such as dementia. It is not only for the elderly or unwell, as any of us could lose the ability to make decisions unexpectedly, but it becomes especially worth having as we get older.

The two types

In England and Wales there are two kinds of LPA, and you can make one or both.

A Property and Financial Affairs LPA lets your attorney manage things like your bank accounts, bills, pension and savings, and, if it ever becomes necessary, sell your home. With your permission, it can be used while you still have capacity, which can be helpful if, say, getting to the bank becomes difficult.

A Health and Welfare LPA lets your attorney make decisions about your care, where you live, and your medical treatment. This one can only be used if you become unable to make those decisions for yourself.

Many people choose to set up both, so that everything is covered.

Why it is best to do it sooner rather than later

Here is the important part: you can only make an LPA while you still have what is called mental capacity, meaning you are able to understand and make the decision. If someone loses that capacity without an LPA in place, their family cannot simply take over. Instead, they have to apply to the Court of Protection to be appointed as a "deputy", which is slower, more expensive, involves ongoing yearly fees, and means a judge decides who manages your affairs, rather than you. Setting up an LPA while you are well avoids all of that, and it is genuinely one of the kindest things you can do for those closest to you.

Choosing your attorneys

Your attorney should be someone you trust completely, very often a husband or wife, a son or daughter, a close friend, or a professional such as a solicitor. You can appoint more than one person, and decide whether they must act together or can act separately, and it is wise to name a replacement in case one of them is later unable to act. By law, your attorneys must always act in your best interests and respect your wishes, and you can write your own instructions and preferences into the document. Because it is such a trusted role, do choose carefully, and our guide on recognising financial abuse explains the safeguards that are in place.

How to set one up, and what it costs

You can make and register an LPA yourself at gov.uk, using the online service or paper forms, or you can ask a solicitor to do it for you. Each LPA must be registered with the Office of the Public Guardian before it can be used, and there is a registration fee of £92 for each one, so £184 for both types. If you are on a low income you may pay a reduced fee, and if you receive certain means-tested benefits you may pay nothing at all, though it is worth checking the current rules at gov.uk, as they have changed recently. Registration takes a number of weeks, so it is best not to leave it until the last minute. If you would like a hand, our guide on free and low-cost legal advice points you to where to find it.

If someone has already lost capacity

If a loved one has already lost the ability to make decisions and does not have an LPA, it is sadly too late to make one, but you can still apply to the Court of Protection to be appointed as their deputy, so that you can act for them. It takes longer and costs more than an LPA would have done, but the Office of the Public Guardian, and a solicitor, can guide you through it.

Planning your wishes for care

Alongside a Health and Welfare LPA, some people also choose to record their wishes about future medical care, including an advance decision, sometimes called a living will, to refuse particular treatments. Our guide on end of life and palliative care touches on planning ahead in this way.

Peace of mind for you and your family

Putting an LPA in place can feel like a big step, but most people feel a quiet relief once it is done, knowing that the right people could step in if needed, and that their wishes would be respected. If you are unsure where to begin, the services below can help.

Where to get help, locally and nationally

Close to home, across Chesterfield, Bolsover and North East Derbyshire:

• Derbyshire Carers Association, on 01773 833833, which runs a free legal clinic covering powers of attorney.
• Derbyshire Law Centre, on 0800 707 6990, for free legal advice if you live in Derbyshire.
• Citizens Advice, for free, impartial guidance. For Bolsover and North East Derbyshire, call 0808 250 5702.

Across the country:

• The Office of the Public Guardian, on 0300 456 0300, and gov.uk/power-of-attorney, to make and register an LPA.
• The Law Society's Find a Solicitor service, and Solicitors for the Elderly, to find a specialist in older people's law.
• MoneyHelper, on 0800 138 7777, for free guidance.