Lasting Power of Attorney, explained.
A Lasting Power of Attorney lets someone you trust step in and make decisions for you, if illness or injury ever means you can't. Here's what it covers, how to set one up, and why it's something to sort while you're well.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you - the donor - appoint one or more people you trust, your attorneys, to make decisions on your behalf if a time comes when you can't.
The crucial part: it has to be made while you still have mental capacity. You can't set one up after that point - so an LPA is something you put in place in good health, and hope your attorneys never need to use.
Before it can be used, a certificate provider - often a GP, a solicitor, or someone who has known you well for years - confirms you understand the document and aren't being pressured into it. It's then registered with the Office of the Public Guardian.
Made before, not after
An LPA only works if it's in place before capacity is lost. It's one of the kindest things you can do for your future self - and your family.
Without one
If you lose capacity with no LPA, your family must apply to the Court of Protection to be made a deputy - slower, costlier and far more stressful.
The two types of LPA.
There are two separate LPAs, and most people who make one make both. You can choose the same attorneys for each, or different people.
Health & welfare
Decisions about medical care, daily routine, where you live, and life-sustaining treatment. It can only be used once you're no longer able to decide for yourself.
Property & financial affairs
Decisions about money, bills, bank accounts, pensions and property. It can be used as soon as it's registered - if you give your permission.
How to set up an LPA.
You can do it yourself, through GOV.UK or on paper. The path is the same either way.
Choose your attorneys
Decide who you trust to act for you, and whether they must act together or can act separately.
Decide the details
Add any preferences or instructions, and name replacement attorneys in case someone can't act.
Fill in the forms
Online through GOV.UK, or on paper using forms LP1F (financial) and LP1H (health).
Sign in the right order
Donor first, then the certificate provider, then the attorneys - each properly witnessed. Get the order wrong and it's rejected.
Register with the OPG
Send it to the Office of the Public Guardian and pay the fee - currently £82 per LPA, with help available on a low income.
Store it where it's needed
Attorneys, banks and doctors will all need to see it. Keep it somewhere they can actually find when the time comes.
Where it usually goes wrong.
Most LPA problems aren't complicated - they're avoidable. These are the ones that cost people months, or the document itself.
An LPA only helps if it can be found.
A registered LPA in a drawer no one can locate is almost as hard as having none at all. Wiseplan keeps it - and everything your attorneys will need around it - in one place, ready to share the moment it matters.
Without Wiseplan
- The registered LPA sits where no one can find it
- Banks insisting on seeing the original document
- Attorneys unsure what accounts or bills exist
- Decisions made in a crisis, with no record of your wishes
With Wiseplan
- Your LPA documents stored and ready to share
- Attorneys know exactly what they're responsible for
- Your preferences and wishes recorded alongside
- One calm plan, ready the moment it's needed
LPA questions people ask first.
When can my attorney start making decisions?
It depends on the type and on your choices. A property and financial affairs LPA can be used as soon as it's registered, if you allow it - handy if you'd like help while you're still well. A health and welfare LPA can only ever be used once you're no longer able to make the decision yourself.
Can I change or cancel my LPA?
Yes, as long as you still have mental capacity. You can formally revoke an LPA, or make a new one. It's worth reviewing it every few years, or whenever your circumstances change.
Do I need a solicitor to make one?
No - you can set one up yourself through GOV.UK. A solicitor can help where things are complex, where there's any doubt about capacity, or where you'd like advice on the preferences and instructions you include.
Does an LPA cover the whole UK?
The LPA described here applies in England and Wales. Scotland and Northern Ireland have their own, different systems - Power of Attorney in Scotland, and Enduring or Controlled Power of Attorney in Northern Ireland.
Keep it somewhere they'll find it.
Wiseplan holds your LPA and everything around it in one secure place - ready for the people you've trusted to act. Join the waitlist and we'll invite you in as we open.
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