Lasting Power of Attorney
Lasting power of attorney is a legal document that allows your loved ones to make decisions for you and act on your behalf if you are unable to do so.
Different types of lasting power of attorney can cover decisions about your property, your financial affairs and your health and welfare.
Many people assume that their spouse or children can automatically deal with things like bank accounts, pensions and healthcare services on their behalf. But they can’t if you don’t have a lasting power of attorney.
If something happens to you, a lasting power of attorney can help your family avoid long and expensive legal proceedings.
A lasting power of attorney is separate from your will, but many people choose to handle both at the same time. This makes sure you are covered for all eventualities.
Our wills and probate solicitors based in Wilmslow and Bramhall can offer all the advice and legal help you need to be able to plan for an unpredictable future.
Why use Sinclair Law Solicitors?
- Free 30-minute consultation so we can get to know you and your individual needs
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Your key contact
Jobeth Copping-Barrett, Solicitor & Head of the Private Client Department
Jobeth is passionate about helping people through emotionally difficult times. She prides herself on being compassionate, supportive and open with all her clients.
Jobeth has answered some of the most commonly asked questions below.
Lasting Power of Attorney FAQs
What is lasting power of attorney (LPA)?
A lasting power of attorney is a legal document that allows you to appoint one or more people as ‘attorneys’ to make decisions on your behalf should you lose the ability to deal with your financial and/or health affairs yourself. This gives you more control over what happens to you if, e.g., you have had an accident or an illness and cannot make financial/health decisions at the time they need to be made.
There are two types of lasting power of attorney: health and welfare; and property and financial affairs (also used for business assets by way of a separate lasting power of attorney).
You can choose to make one type of lasting power of attorney or both, as they are separate applications. Your health and welfare lasting power of attorney gives an attorney the power to make decisions about things like your daily routine, including for example washing, dressing and eating, medical care, moving into a care home and life-sustaining treatment. It can only be used when you are unable to make decisions in these matters for yourself.
Your property and financial lasting power of attorney gives an attorney the power to make decisions about things like managing a bank account, paying bills, collecting benefits or a pension, selling your home and managing your debts and liabilities. A lasting power of attorney can also be used to make decisions regarding a business if you own one.
Why should I have a lasting power of attorney in place?
Health conditions such as dementia, Parkinson’s disease, or a stroke can cause making decisions to become virtually impossible. If you lose mental capacity without a lasting power of attorney, it can cost your family time and thousands of pounds before they are given permission to handle your affairs. Without a lasting power of attorney, any joint bank accounts you hold with your partner could become severely restricted. This can be devastating, especially if the joint owner has their income or pension paid into this account, or they use it to pay critical bills such as a mortgage or utility costs.
How do I make a lasting power of attorney?
You can make a lasting power of attorney online or using paper forms. In both cases, you need to get other people to sign the forms, including your chosen attorneys and your independent witness(es). You can get someone else to use the online service or fill in the paper forms for you, (family or friend) or a solicitor. Once the lasting power of attorney is completed, you must register it, or your attorney cannot make decisions for you. There is a fee, charged by the Office of the Public Guardians of £82 per application registration.
What happens if I don’t have a lasting power of attorney?
The consequences of not having a lasting power of attorney are that if you lose the capacity to deal with your affairs yourself, a ‘deputy’ would need to be appointed. A deputy is court-appointed and could well be someone you would not have wanted to deal with your affairs. If a deputy’s application is refused, the local council, for example, may be appointed instead. Your family has to pay additional fees to apply for and maintain a deputyship. You also may not be able to sell jointly held assets until the court appoints a deputy. The process is long and arduous, and typically very costly (particularly when compared to the price of getting lasting powers of attorney in place).
Whom should I choose to be an attorney?
Family is typically a good starting point – your attorney could be a family member, a friend, your spouse, a partner or a civil partner. Alternatively, they could be a professional, such as a solicitor or accountant. You should think carefully about appointing the same people e.g., to act over your personal financial affairs as opposed to your business affairs as it may not be appropriate (perhaps there is someone more ‘business savvy’ that would be better suited to the role). It is a good idea to give the person you ask time to think about the role, to make sure they feel comfortable doing it.
I have been appointed an attorney, but I no longer wish to act, can I change this?
Yes – you can disclaim your appointment by completing an Office of the Public Guardian (OPG) Form, accessible from the Gov.uk website. As part of the disclaimer process, you need to send the original form to the Donor (the person that made the lasting power of attorney appointing you as an attorney) to notify them. If there are other attorneys, you also need to send a copy of the form to them.
What is the Court of Protection?
The Court of Protection makes decisions and appoints deputies to act on a person’s behalf if they are unable to make decisions about their personal health, welfare, and/or finances, and property.
How is a deputyship different from a power of attorney?
Deputyship is a way of obtaining the legal authority to make decisions on someone else’s behalf when that person no longer has the ability to make those decisions for themselves (and therefore cannot create a lasting power of attorney appointing attorneys themselves).
What happens to my lasting power of attorney when I die?
When you die, the lasting power of attorney is no longer valid. All decisions about your property are then dealt with by the terms of your will, or otherwise by the intestacy rules if you did not leave a will.
If you survive an attorney, the lasting power of attorney is still valid if there is another attorney on the lasting power of attorney either as a substitute or otherwise acting jointly and severally with other appointed attorneys. The lasting power of attorney is no longer valid if no attorneys are left to act (i.e., the attorney has died or disclaimed their appointment).
I have a will; do I still need a lasting power of attorney?
A will protects your beneficiaries’ interests after you have died but a lasting power of attorney protects your own interests while you are still alive, until death. Once you die, your power of attorney ceases and the will ‘takes over’.
Can my attorney change my will?
An attorney’s powers under a lasting power of attorney do not extend to amending a will. If you think you might like to make changes to your will, it is important you speak with a solicitor as a matter of urgency.
How much does a lasting power of attorney (LPA) cost?
One LPA application for a single person is £350. One LPA application each for a couple is £500.
