Question 1

What's a Lasting Power of Attorney?

Accepted Answer

A Lasting Power of Attorney (LPA) is a legal document that lets you choose one or more people (called 'attorneys') to make decisions on your behalf if you become unable to make them yourself. This might happen due to illness, accident, or mental incapacity. There are two types: Property & Financial Affairs (for money and property decisions) and Health & Welfare (for medical and care decisions). An LPA must be registered with the Office of the Public Guardian before it can be used.

Question 2

How much does a solicitor charge for Power of Attorney?

Accepted Answer

Solicitors typically charge between £500 and £1,500 for preparing a single LPA, with some charging up to £2,000+ for both types. Prices vary significantly by location and firm. In contrast, online services like myLPA offer the same legally valid documents from just £74 per LPA, saving you hundreds of pounds while providing expert guidance and review.

Question 3

How much does a Lasting Power of Attorney cost in total?

Accepted Answer

The total cost includes the service fee plus the OPG registration fee. With myLPA: Single LPA costs £74 + £92 OPG fee = £166 total. Both LPAs cost £140 + £184 (2x £92) OPG fees = £324 total. With a solicitor, expect to pay £800-£1,500+ for both LPAs plus the same OPG fees.

Question 4

What are the different types of Lasting Power of Attorney?

Accepted Answer

There are two types: 1) Property and Financial Affairs LPA - covers decisions about your money, property, bank accounts, bills, investments, and selling your home. Can be used while you still have capacity (with your permission) or when you lose capacity. 2) Health and Welfare LPA - covers decisions about medical treatment, care arrangements, moving into a care home, and life-sustaining treatment. Can ONLY be used when you lack mental capacity.

Question 5

How do I prove I have Lasting Power of Attorney?

Accepted Answer

Once your LPA is registered with the Office of the Public Guardian, you'll receive a stamped and validated document. This official document is your proof. Banks, doctors, and other organisations will ask to see this stamped LPA before accepting your authority. You can also use the government's 'Use a lasting power of attorney' service to share access digitally with organisations.

Question 6

Can a Lasting Power of Attorney be revoked?

Accepted Answer

Yes, the donor (the person who made the LPA) can revoke it at any time while they still have mental capacity. This must be done formally using a 'deed of revocation' which should be sent to the OPG along with the original LPA documents. Once you lose mental capacity, you can no longer revoke your LPA.

Question 7

How do I change a Lasting Power of Attorney?

Accepted Answer

You cannot amend an existing registered LPA. If you want to make changes (such as adding or removing attorneys, or changing instructions), you must revoke the existing LPA and create a new one. This is why it's important to think carefully about your choices before registering.

Question 8

Can a Lasting Power of Attorney change a will?

Accepted Answer

No. An attorney under an LPA has no power to change your will. Wills and LPAs are completely separate legal documents. Your will only takes effect after death, while an LPA only operates while you're alive. An attorney's duty is to act in your best interests, not to benefit themselves.

Question 9

Does a Lasting Power of Attorney end at death?

Accepted Answer

Yes. An LPA automatically ends when the donor dies. After death, the executor named in your will takes over responsibility for your affairs. The attorney's authority ceases immediately upon death, and they should not continue to manage the donor's affairs.

Question 10

Can an LPA be corrected after submission?

Accepted Answer

Minor errors (like spelling mistakes) can sometimes be corrected by the OPG without starting again. However, significant errors or omissions usually require you to complete a new LPA form. This is why we recommend using a service like myLPA that includes expert review to catch errors before submission.

Question 11

Can an LPA cover care home decisions?

Accepted Answer

Yes, but only the Health and Welfare LPA covers decisions about where you live, including moving into a care home. Your Property and Financial Affairs LPA can be used to manage the costs of care, but cannot make decisions about care itself.

Question 12

Can I make an LPA for someone else?

Accepted Answer

No. Each person must make their own LPA. You cannot make an LPA on behalf of someone else. The person making the LPA (the donor) must have mental capacity to understand what they're doing. If someone has already lost capacity, it's too late for them to make an LPA - you would need to apply to the Court of Protection for deputyship instead.

Question 13

Can multiple LPAs exist at the same time?

Accepted Answer

Yes. You can have both types of LPA (Property & Financial and Health & Welfare) at the same time - in fact, we recommend having both for complete protection. You can also have multiple attorneys on each LPA, either acting jointly, jointly and severally, or a combination.

Question 14

What if an organisation refuses to accept my LPA?

Accepted Answer

Organisations can refuse an LPA if they have valid concerns (such as suspecting abuse or fraud), but they cannot refuse simply because they find it inconvenient. If an organisation unreasonably refuses your registered LPA, you can escalate the complaint to the OPG or the Financial Ombudsman Service (for banks).

Question 15

What happens if an LPA is lost or destroyed?

Accepted Answer

Contact the Office of the Public Guardian to request a certified copy of your registered LPA. There is a small fee for this service. Keep your LPA documents in a safe place and let your attorneys know where to find them.

Question 16

Can an LPA be used outside the UK?

Accepted Answer

An LPA made in England and Wales is only valid in England and Wales. Scotland and Northern Ireland have their own separate systems. For assets abroad, you may need to create additional documents according to that country's laws. Seek specialist advice if you have overseas assets.

Question 17

What decisions must doctors still make even with a Health and Welfare LPA?

Accepted Answer

While a Health & Welfare attorney can make most medical decisions, some decisions always remain with doctors. These include sectioning under the Mental Health Act, consent to some fertility treatments, and certain research participation. Doctors must also still assess capacity for specific decisions.

Question 18

What decisions can social services override?

Accepted Answer

Social services have safeguarding duties that can override attorney decisions if they believe abuse or neglect is occurring. They can also make certain decisions under the Mental Health Act. However, they cannot simply override a registered LPA without proper legal grounds.

Question 19

What happens to bank accounts when someone has a stroke?

Accepted Answer

Without an LPA, family members cannot access the person's bank accounts, even to pay for care. The bank will freeze the account until legal authority is established (either the person recovers capacity, or someone obtains deputyship through the Court of Protection). With an LPA, the attorney can manage accounts immediately.

Question 20

What happens if someone with dementia never made an LPA?

Accepted Answer

If someone loses mental capacity without an LPA, their family must apply to the Court of Protection for a 'deputyship order'. This process is lengthy (4-12 months), expensive (£1,000+ in fees plus ongoing supervision costs), and stressful. The court may appoint someone the family wouldn't have chosen. This is why making an LPA early is so important.

Question 21

What happens after a sudden accident without an LPA?

Accepted Answer

If someone is in an accident and cannot make decisions, and they don't have an LPA, no one has automatic authority to manage their affairs - not even a spouse. Family members would need to apply for emergency court orders, which can take weeks or months. Bills go unpaid, mortgages can default, and medical decisions may be delayed.

Question 22

Why doesn't marriage grant automatic decision-making powers?

Accepted Answer

This is a common misconception. Being married or in a civil partnership does NOT give you any legal right to make decisions for your spouse if they lose capacity. You cannot access their bank accounts, sell their property, or make medical decisions without an LPA. This catches many couples by surprise at the worst possible time.

Question 23

Why doesn't a joint bank account replace an LPA?

Accepted Answer

While a joint account lets both people access funds, it doesn't cover individual accounts, investments, ISAs, pensions, or property. It also doesn't help with benefits, insurance, or official correspondence. Most importantly, a joint account doesn't give you any authority to make decisions - only access to one account.

Question 24

Why doesn't a will help while someone is alive?

Accepted Answer

A will only takes effect after death. It has no power while you're alive, even if you lose mental capacity. An LPA covers the period while you're alive but unable to make decisions. You need both documents for complete protection - an LPA for incapacity and a will for death.

Question 25

Why doesn't a diagnosis alone remove mental capacity?

Accepted Answer

Having a condition like dementia doesn't automatically mean someone lacks capacity. Capacity is decision-specific and can fluctuate. Someone with early dementia may have capacity to make an LPA but not to manage complex finances. This is why making an LPA early (while you definitely have capacity) is crucial.

Question 26

When is a deputyship unavoidable?

Accepted Answer

A deputyship is only needed when someone has already lost mental capacity without an LPA in place. There's no way to avoid it at that point. That's why we strongly encourage everyone to make LPAs while they still can - it's cheaper, faster, and ensures your chosen people can act for you.

Question 27

Who can be a donor?

Accepted Answer

Anyone aged 18 or over who has mental capacity can make an LPA. You must understand what an LPA is, the powers you're giving away, and who you're choosing as your attorneys. Being elderly, having a medical condition, or living alone doesn't prevent you from making an LPA - in fact, these are reasons to make one sooner.

Question 28

Can I make an LPA if I have dementia?

Accepted Answer

It depends on the stage. In the early stages of dementia, many people still have sufficient mental capacity to make an LPA. A GP, solicitor, or other professional can assess your capacity. However, as dementia progresses, you may lose the ability to make an LPA. This is why we encourage everyone to make an LPA early, while capacity is not in question.

Question 29

What if I change my mind after making an LPA?

Accepted Answer

As long as you have mental capacity, you can: 1) Revoke the entire LPA using a deed of revocation, 2) Remove an attorney (you'll need to make a new LPA with different attorneys), or 3) Give new instructions to your attorneys. Once you lose capacity, you can no longer make these changes.

Question 30

Can I restrict what my attorney can do?

Accepted Answer

Yes. You can include 'instructions' (legally binding restrictions) or 'preferences' (guidance you want followed). For example, you might instruct that your attorney cannot sell your home without consulting your children, or express a preference for a particular care home.

Question 31

Do I lose control when I make an LPA?

Accepted Answer

No. Making an LPA doesn't mean you lose control immediately. For Property & Financial LPAs, you can specify that it only takes effect when you lose capacity. For Health & Welfare LPAs, they can only ever be used when you lack capacity for a specific decision. While you have capacity, you remain fully in control.

Question 32

Can I choose different attorneys for different LPAs?

Accepted Answer

Absolutely. Many people choose different attorneys for their Property & Financial LPA versus their Health & Welfare LPA. For example, you might choose someone good with money for financial matters, and someone who understands your care wishes for health decisions.

Question 33

What happens if my attorney dies before me?

Accepted Answer

If your only attorney dies, your LPA becomes invalid. This is why we strongly recommend appointing replacement attorneys. If one attorney dies, the replacement steps in. Without replacement attorneys, you'd need to make a new LPA (if you still have capacity) or go through the court process.

Question 34

Can I cancel an LPA?

Accepted Answer

Yes, while you have mental capacity, you can cancel (revoke) your LPA at any time. You'll need to complete a formal deed of revocation and notify the OPG and your attorneys. The original LPA documents should be destroyed. You might want to do this if relationships change or you want to choose different attorneys.

Question 35

What is an LPA Attorney?

Accepted Answer

An attorney is the person you appoint to make decisions on your behalf. This is a legal role with serious responsibilities - it's not the same as someone who holds your 'power of attorney' informally. Your attorney must be over 18, have mental capacity, and not be bankrupt (for financial LPAs).

Question 36

Who should I choose as my attorney?

Accepted Answer

Choose someone you trust completely, who understands your values, is reliable, and willing to take on the responsibility. This could be family members, close friends, or professional attorneys. Consider their ability to handle the role - do they live nearby? Are they good with finances? Can they be objective about your care?

Question 37

Can I have more than one attorney?

Accepted Answer

Yes, you can appoint multiple attorneys. They can act: 1) Jointly - all must agree on every decision (safe but can be slow), 2) Jointly and severally - can act together or independently (flexible), or 3) Jointly for some decisions and jointly/severally for others. Most people choose 'jointly and severally' for practical flexibility.

Question 38

What are an attorney's legal duties?

Accepted Answer

Attorneys must: Act in your best interests, consider your past and present wishes, not benefit themselves, keep proper records and accounts, keep your affairs separate from theirs, and act within the scope of the LPA. They can be investigated and removed by the Court of Protection if they breach these duties.

Question 39

Can my attorney pay themselves?

Accepted Answer

Generally, no. Attorneys cannot usually profit from their role. However, they can claim reasonable out-of-pocket expenses (like travel costs to visit you). Professional attorneys (like solicitors) can charge agreed fees. Family members should not pay themselves unless this is specifically authorised in the LPA.

Question 40

Can my attorney refuse to act?

Accepted Answer

Yes. Being appointed as an attorney is not mandatory. An attorney can refuse to act at any time by 'disclaiming' their appointment. This is why it's important to discuss the role with potential attorneys before naming them, and to appoint replacement attorneys.

Question 41

What happens if my attorney is unsuitable?

Accepted Answer

If an attorney acts improperly, you (if you have capacity), another attorney, or a concerned third party can apply to the Court of Protection to have them removed. The OPG investigates complaints about attorneys. Signs of problems include unexplained financial transactions, isolation of the donor, or neglect.

Question 42

Can a professional be my attorney?

Accepted Answer

Yes. You can appoint a solicitor, accountant, or professional deputy service as your attorney. This can be useful if you have no suitable family members, complex affairs, or anticipate family disputes. Professional attorneys charge fees, which should be agreed in advance.

Question 43

Can my attorney delegate their powers?

Accepted Answer

In limited circumstances. An attorney can give someone else authority to do specific administrative tasks (like collecting rent) but cannot give away their core decision-making responsibilities. The attorney remains responsible for overseeing any delegated tasks.

Question 44

What is a replacement attorney?

Accepted Answer

A replacement attorney is someone who steps in if your original attorney can no longer act - for example, if they die, become incapable, or refuse to continue. Think of them as your backup plan. We strongly recommend appointing at least one replacement attorney.

Question 45

Why should I appoint replacement attorneys?

Accepted Answer

Without replacement attorneys, if all your original attorneys can no longer act, your LPA becomes void. You'd need to make a new LPA (if you have capacity) or your family would need to apply for deputyship (expensive and time-consuming). Replacement attorneys prevent this problem.

Question 46

When do replacement attorneys step in?

Accepted Answer

Replacement attorneys only act when an original attorney: dies, loses mental capacity, disclaims their appointment, is removed by the court, becomes bankrupt (for financial LPAs only), or divorces the donor (unless specified otherwise). They don't act simply because an attorney is unavailable temporarily.

Question 47

Can I specify when a replacement should act?

Accepted Answer

Yes. You can include instructions about when replacement attorneys should step in. For example, you might specify that a replacement should only act if ALL original attorneys are unable to, rather than replacing one at a time.

Question 48

Can the same person be a replacement for both LPAs?

Accepted Answer

Yes. You can appoint the same person as a replacement attorney for both your Property & Financial LPA and your Health & Welfare LPA. Many people do this for simplicity.

Question 49

What's the difference between preferences and instructions?

Accepted Answer

Instructions are legally binding - your attorney MUST follow them (unless impossible or illegal). Preferences are guidance about how you'd like things done - your attorney should consider them but can depart from them if acting in your best interests. Use instructions for absolute requirements, preferences for general wishes.

Question 50

What kind of instructions can I include?

Accepted Answer

Examples include: 'My attorney must not sell my home without consulting my children', 'My attorney must obtain a second medical opinion before consenting to major surgery', or 'My attorney must keep £20,000 in my savings account at all times'. Instructions must be lawful and practical.

Question 51

What kind of preferences can I include?

Accepted Answer

Examples include: 'I would prefer to remain in my own home as long as possible', 'I prefer to be cared for by female carers', or 'I would like my dog to be kept with me if I move to a care home'. Preferences help attorneys understand your values and wishes.

Question 52

Can instructions make my LPA invalid?

Accepted Answer

Yes, if they're unclear, illegal, or impractical. For example, instructing your attorney to do something illegal, or including contradictory instructions, could cause problems. This is why we recommend keeping instructions simple and clear, and having them reviewed by an expert.

Question 53

Should I leave preferences and instructions blank?

Accepted Answer

Many people do leave these sections blank, trusting their attorneys to act appropriately. This gives attorneys maximum flexibility. However, if you have strong feelings about specific issues (like life-sustaining treatment, or keeping the family home), it's worth including these as guidance.

Question 54

Can I include life-sustaining treatment decisions?

Accepted Answer

Yes, in your Health & Welfare LPA. There's a specific section asking whether your attorney should have power to consent or refuse life-sustaining treatment. This is a significant decision - many people give their attorney this power but include preferences about their wishes.

Question 55

What is a certificate provider?

Accepted Answer

A certificate provider is an independent person who signs your LPA to confirm that: you understand what you're doing, you're not being pressured into making the LPA, and there's nothing preventing the LPA from being created. This is an important safeguard against abuse.

Question 56

Who can be a certificate provider?

Accepted Answer

Either: 1) Someone who has known you personally for at least 2 years (like a friend or colleague), OR 2) Someone with relevant professional skills to assess your capacity (like a doctor, solicitor, social worker, or nurse). The person must be over 18 and have mental capacity.

Question 57

Who cannot be a certificate provider?

Accepted Answer

The following people cannot be certificate providers: your attorneys or replacement attorneys, family members of attorneys, employees of attorneys, your family members, anyone running a care home you live in, or anyone named in your LPA in any other role. This ensures independence.

Question 58

What does the certificate provider have to do?

Accepted Answer

They need to: discuss the LPA with you (in person), ensure you understand what you're signing, check you're not under pressure, and sign the certificate section of your LPA. They should do this before you sign, so they can be confident you have capacity when you make the LPA.

Question 59

Can my GP be my certificate provider?

Accepted Answer

Yes, your GP can be a certificate provider as they have professional skills to assess capacity. However, many GPs charge for this service (£50-150). Alternatively, a friend who has known you for 2+ years can do it for free.

Question 60

What if I can't find a certificate provider?

Accepted Answer

Most people know someone suitable - a long-standing friend, neighbour, work colleague, or family friend. If you genuinely can't find anyone, consider asking a professional like a GP, solicitor (not the one preparing your LPA), or a social worker.

Question 61

What are 'people to notify'?

Accepted Answer

These are people you choose to be informed when your LPA is registered. They receive a notification from the OPG and have 3 weeks to raise any concerns. This is optional but provides an additional safeguard - another layer of protection against abuse.

Question 62

Why would I add people to notify?

Accepted Answer

They act as an extra safeguard. If they have concerns about the LPA (for example, if they believe you're being pressured), they can object to registration. Good candidates include family members who aren't attorneys, old friends, or professionals who know you well.

Question 63

Who can I name as a person to notify?

Accepted Answer

Anyone over 18 who isn't an attorney, replacement attorney, or certificate provider on this LPA. Typically people choose family members (especially those who might otherwise wonder why they weren't chosen as attorneys) or close friends.

Question 64

Can I have no people to notify?

Accepted Answer

Yes, this section is optional. Many people don't name anyone. However, if you don't include any 'people to notify', you must have a second certificate provider. This ensures there's always more than one safeguard.

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