Making an LPA - Top Things You Need to Know

Making a Lasting Power of Attorney is something that many should do but most tend not to consider as part of their future planning.

An important legal document that can support you if your future should reach a point where you can’t make decisions for yourself, an LPA is something that should be discussed and not before it is too late to introduce one.

This article aims to help provide the information you need to make a decision that can be important in later years:

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a document made by a person (known as the ‘donor’), who appoints up to four people and up to four substitutes (known as their ‘attorneys’) to act for them and make decisions on their behalf.

The donor can decide whether their attorneys must make all decisions together, or whether some or all decisions can be made by a single attorney.

The document must be signed by the donor, a certificate provider, and the attorneys, and then registered with the Office of the Public Guardian, before it can be used.

What is the role of the certificate provider?

The certificate provider must sign the document to confirm the donor understands the significance of the document, has the capacity to sign the document, and is doing so of their own free Will.

The certificate provider can be either someone who has known the donor well for two years or a professional, such as a Solicitor. However, the certificate provider cannot be a relative, employee, or employer of the donor or any of the attorneys. 

Two Types of Lasting Powers of Attorney

When considering utilising a Lasting Power of Attorney, you need to consider what you are using it for as your circumstances will have a direct impact on the type of LPA selected.

There are two types of LPA:

LPA for Property and Financial Affairs

This document authorises the donor’s attorneys to make decisions on their behalf in respect of their property and financial affairs. These decisions may include managing bank accounts, making payments for bills, or buying and selling property.

When signing, the donor can opt to allow their attorneys to use this document to make decisions on their behalf either as soon as it has been registered with their consent, or only if the donor has lost the capacity to make such decisions.

LPA for Health and Welfare

This authorises the donor’s attorneys to make decisions relating to their health and welfare. These decisions may include arranging medical and dental care, deciding where the donor should live should they require residential care, or making decisions about life sustaining treatment.

When signing this document, the donor can decide whether they would want their attorneys to make decisions about life sustaining treatment. If not, and a decision ever needed to be made, this would be decided by the donor’s medical team.

The attorneys can only use this document to make decisions if the donor loses the capacity to make such decisions.

Preferences and Instructions

In each document, the donor can also stipulate things they would LIKE their attorneys to do and things their attorneys MUST do, known as preferences and instructions.

A list of suggested options will be provided by the legal company you select to help create this document and discussed with you in more detail if instructed by you to draft an LPA.

How can Winns help?

The preparation and registration of an LPA can be complex - if you would like to instruct us to do this for you, or if you are interested in this service, please do not hesitate to get in touch.

We’ve got decades of experience in these matters and a diligent, dedicated, and compassionate team standing by to assist you every step of the way.

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