Lasting Powers of Attorney

LPA

A Lasting Power of Attorney (LPA) is a powerful legal document that allows you to appoint someone to make decisions on your behalf if you are unable or unwilling to do so yourself.

LPAs replaced Enduring Powers of Attorney (EPA) in 2007.  There are currently two types:

LPA for Property and Financial Affairs

This document will handle any aspect of your property ownership and financial affairs.  You are able to determine the extent of the control that your chosen Attorneys have and how they should act together (in the event that you choose more than one)

LPA for Health & Welfare

This document appoints your chosen Attorney(s) to make decisions regarding some medical decisions and/or social care decisions.  They are often confused with living wills, which are designed to express your wishes should you require life-sustaining treatment.

Our experts are on-hand to answer any questions you have about creating Lasting Powers of Attorney.

LPAs – the registration process

One of the more significant changes made in 2007 was the requirement for LPAs to be registered at the Court of Protection before they can be used.

The registration process takes place after all parties have signed the LPA, which can take up to 12 weeks to complete.  The LPA is registered with The Office of the Public Guardian, which is the administrative arm of the Court.

What happens if I don’t have an LPA or EPA

If you lose the ability to manage your own affairs and do not have a valid EPA or LPA anyone who is close to you can apply to the Court of Protection to become your Deputy.  The application process to become a Deputy is lengthy (10 months is quite typical) and each application costs £400 in addition to any legal advice the Deputy may need.

If you need to know more about the Deputyship process or want to understand why LPAs may be of more benefit to you, our experts are always on hand to help.