A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you become unable to make them yourself. It's one of the most important documents you can have - yet most people don't have one.
Why Do You Need an LPA?
Many people assume their spouse, children, or next of kin can automatically manage their affairs if something happens to them. This is a common misconception that can cause serious problems for families.
Without an LPA:
- Nobody can access your bank accounts - even your spouse
- Bills may go unpaid, mortgages could default
- Family must apply to the Court of Protection (costs £3,000+)
- The court, not you, decides who manages your affairs
- The process takes 6-12 months
The Two Types of LPA
There are two types of Lasting Power of Attorney in England and Wales, each covering different aspects of your life:
Property & Financial Affairs
Covers everything to do with your money and property:
- Managing bank accounts
- Paying bills and debts
- Selling or managing property
- Managing investments
Health & Welfare
Covers decisions about your care and medical treatment:
- Medical treatment decisions
- Where you live
- Day-to-day care
- Life-sustaining treatment
Most people make both types of LPA to ensure they're fully protected. They're separate documents and must be registered individually.
Who Can Make an LPA?
Anyone aged 18 or over who has mental capacity can make an LPA. "Mental capacity" means you understand:
- What an LPA is and what it does
- The powers you're giving to your attorneys
- The consequences of making an LPA
Important: You cannot make an LPA after you've lost mental capacity. This is why it's crucial to set one up while you're healthy - you never know when you might need it.
Who Can Be an Attorney?
Your attorney is the person (or people) you choose to make decisions for you. They must be:
- 18 years or older
- Someone you trust completely
- Willing to take on the responsibility
- Not bankrupt (for Property & Financial LPA)
Most people choose family members or close friends. You can appoint more than one attorney and specify whether they must act together or can act independently.
How Much Does an LPA Cost?
The cost of an LPA depends on how you create it:
When Should You Make an LPA?
The simple answer is: now. While the thought of losing mental capacity seems distant, accidents and illness can happen at any age. Common triggers for making an LPA include:
- Planning ahead and wanting peace of mind
- Reaching a milestone age (50, 60, retirement)
- Health concerns or family history
- Seeing a family member struggle without one
- Professional advice from solicitor or financial adviser
Frequently Asked Questions
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