When should I make an LPA?

It’s best to make an LPA while you are still in good health and have full mental capacity. Planning ahead ensures that if the unexpected happens such as illness, an accident, or declining cognitive ability, you have already legally appointed someone you trust to make decisions on your behalf. Delaying the process could result in the need for a Court of Protection application, which can be time-consuming, costly, and emotionally challenging for loved ones.

Can I have more than one Attorney?

Yes, you can appoint more than one Attorney and choose whether they must act jointly or jointly and severally.

Can I change or cancel an LPA?

As long as you have mental capacity, you can revoke or amend your LPA at any time. You would need to contact the Office of the Public Guardian (OPG) and provide them the original LPA and a written statement called a ‘Deed of Revocation’.

How much does it cost to register an LPA?

The OPG charges a registration fee per Lasting Power of Attorney. Legal fees will vary depending on the complexity of your instructions. We’ll provide a clear quote from the outset.

Do I need both types of LPA?

While you’re not required to have both, many people choose to do so to ensure all areas of their life are covered.

What happens if my Attorney is no longer able to act?

The outcome will depend on how your Attorney(s) have been appointed but in all scenarios, the OPG must be notified. If an Attorney dies, the OPG will cancel the LPA if the Attorneys were acting ‘jointly’ or if there was only one attorney. If an Attorney dies and they were acting ‘jointly and severally’ with other Attorneys, the OPG will update the LPA instead. This would also apply if an Attorney should lose capacity.

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Lasting Power of Attorney

Planning ahead is one of the most important steps you can take to protect your future wellbeing and financial affairs. A Lasting Power of Attorney (LPA) allows you to choose someone you trust to make decisions on your behalf if you're no longer able to do so. At Wright Hassall, we’re here to guide you through every step of this important process.

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What is a Lasting Power of Attorney? >

What are the different types of Lasting Power of Attorney? >

How does a Lasting Power of Attorney work? >

Why use Wright Hassall? >

FAQs >

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that enables a person (the Donor) to appoint one or more people (Attorneys) to make decisions on their behalf if they lose mental capacity. LPAs are governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian before they can be used.

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What are the different types of Lasting Power of Attorney?

There are two types of LPAs:

Property and Financial Affairs LPA

This type of LPA gives your Attorney the authority to manage your finances and property. This can include tasks such as paying bills, collecting income or benefits, managing bank accounts, and selling property. It is particularly useful if you want someone to assist with your financial matters even before you lose mental capacity, as it can be used with your consent once registered (providing that the LPA states that they can).

Health and Welfare LPA

This allows your Attorney to make decisions about your daily care, medical treatment, and even life-sustaining treatment if you lose capacity. Unlike the financial LPA, it can only be used when you’re no longer able to make these decisions yourself. This type of LPA ensures your preferences around care, treatment, and living arrangements are respected and followed by someone you trust.

How does a Lasting Power of Attorney work?

Writing an LPA

The process begins by completing the appropriate LPA forms. You will need to choose your Attorneys and specify any preferences or instructions. This will include specifying whether your Attorneys (if there are more than one) will be acting:

Jointly: where all Attorneys must agree on decisions
Jointly and severally: this option allows Attorneys to make some decisions together and other decisions independently

You will need to sign the forms in the correct order, including a certificate provider (either a professional such as your doctor, social worker, solicitor or someone who has known you personally for at least two years but is independent – meaning it can not be a family member or an Attorney or someone who could benefit from the LPA) to confirm you understand what you’re doing.

Registration

Once the forms are complete, the LPA must be registered with the Office of the Public Guardian (OPG). This typically takes eight to 10 weeks. An LPA cannot be used until it is officially registered. There is a fee for registering each LPA.

Activation

A Property and Financial Affairs LPA can be used as soon as it is registered (with your permission, if you still have capacity).

A Health and Welfare LPA can only be used when you no longer have capacity to make decisions.

If you don’t have an LPA

If you lose capacity without an LPA in place, your loved ones will need to apply to the Court of Protection for a deputyship order to manage your affairs. This process is more costly, time-consuming, and restrictive than having an LPA set up in advance.

Why use Wright Hassall?

Our team of specialists at Wright Hassall understand the importance of getting this right.

Our experienced team will:

Provide clear, jargon-free advice when assisting you create your LPAs
Help you complete and register the documentation correctly, preventing any unnecessary delays
Offer tailored guidance to suit your individual needs and family circumstances
Give you peace of mind knowing your affairs will be managed by someone you trust

FAQs

When should I make an LPA?

It’s best to make an LPA while you are still in good health and have full mental capacity. Planning ahead ensures that if the unexpected happens such as illness, an accident, or declining cognitive ability, you have already legally appointed someone you trust to make decisions on your behalf. Delaying the process could result in the need for a Court of Protection application, which can be time-consuming, costly, and emotionally challenging for loved ones.
Can I have more than one Attorney?

Yes, you can appoint more than one Attorney and choose whether they must act jointly or jointly and severally.
Can I change or cancel an LPA?

As long as you have mental capacity, you can revoke or amend your LPA at any time. You would need to contact the Office of the Public Guardian (OPG) and provide them the original LPA and a written statement called a ‘Deed of Revocation’.
How much does it cost to register an LPA?

The OPG charges a registration fee per Lasting Power of Attorney. Legal fees will vary depending on the complexity of your instructions. We’ll provide a clear quote from the outset.
Do I need both types of LPA?

While you’re not required to have both, many people choose to do so to ensure all areas of their life are covered.
What happens if my Attorney is no longer able to act?

The outcome will depend on how your Attorney(s) have been appointed but in all scenarios, the OPG must be notified.

If an Attorney dies, the OPG will cancel the LPA if the Attorneys were acting ‘jointly’ or if there was only one attorney. If an Attorney dies and they were acting ‘jointly and severally’ with other Attorneys, the OPG will update the LPA instead. This would also apply if an Attorney should lose capacity.

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