Lasting Power of Attorney (LPA)
The Lasting Power of Attorney (LPA) in England and Wales was created under the Mental Capacity Act 2005 and replaced the former Enduring Power of Attorney (EPA).
What exactly is an LPA and why do I need one?
An LPA is a legal document giving the person or persons you trust (your attorneys) the authority to make decisions on your behalf if you become incapable of making them yourself. The LPA is prepared at a time when you are capable of making your own decisions.
How many types of LPA are there and what are the differences?
There are 2 main types:
a. Health and Welfare. This type of lasting power of attorney health and welfare allows you to choose the person or persons to make decisions about your healthcare and personal welfare. You can choose to include making decisions to refuse or to consent to treatment on your behalf, and deciding where you live.
b. Property and Finance. This type of lasting power of attorney finance and property allows you to choose the person or persons you trust to make decisions about how you spend your money, manage your Equity Release planning services, and how your property and day to day finances are managed.
You can prepare either or both LPAs
What happens to my LPA when it is signed?
The LPA has no legal standing until it is registered with the Office of the Public Guardian (OPG). Registration can take as long as 15 weeks. Once registered, the LPA will continue to be a legal document until the donor dies.
is the person who is setting up the LPA.
Attorney – is the person or persons you trust and have appointed to act on your behalf. You can choose a friend, relative or professional. Just remember that this is a hugely responsible position and it is best you discuss this with them beforehand and that they are happy to take on this role.
Person To Be Told
Person To Be Told – is the person or persons (maximum 5) you choose and you know well. These are the people who will be given the opportunity to raise any objections or concerns about the LPA before it is registered. You cannot choose one of your attorneys to be a ‘person to be told’
Certificate Provider – is a person you have known well for a minimum of 2 years who can confirm you understand the significance of the LPA, and that no undue pressure, coercion or fraud has been used in the making of the LPA. You can choose someone having the relevant professional skills to make this confirmation such as your GP or solicitor. You cannot choose one of your attorneys to be a certificate provider.
Independent Witness – is a person or persons who see your LPA being signed by you and your attorney(S) and who confirm, by their signature, that it was signed in their presence. You cannot choose one of your attorney(s) to be an independent witness for your signature (however, an attorney can witness the signature of another attorney). Your certificate provider and person to be told can be witnesses.