What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you (known as the Donor) to choose someone you trust (known as the Attorney) to make decisions on your behalf should you ever be in a position where you are unable to make these decisions.

There are two types of LPAs: One relating to your property and financial affairs and a second relating to your health and welfare.

When should you make an LPA?

Anyone who is over 18 and “mentally capable” of understanding the document can make an LPA. This can include someone who may have been diagnosed with the early stages of dementia.

Why make an LPA?

Unfortunately, there is no automatic right for a spouse or next of kin to make a decision on your behalf if you are unable to make those decisions. It is important that you choose someone who would look after your financial affairs, if you can’t do so yourself.

LPAs can also assist in a temporary situation, for example, a short stay in Hospital or if you are out of the Country briefly.

Who should be my Attorneys?

Any person over 18 and who has sufficient mental capacity can act. It is your choice who you choose to act as an Attorney. You must choose your Attorney or Attorneys carefully. It is essential that any Attorney appointed should be able to deal with the day to day financial matters and, more importantly, is somebody who you trust.

You can choose relatives, a competent friend or a professional. Sometimes it is appropriate to include a Solicitor or Accountant as an Attorney.

You can choose as may Attorneys as you wish and if you have more than one Attorney, they can act together or independently of each other and this is a matter that you must decide.

What are the formalities?

An LPA is a legal document so must be created on the forms prescribed by the Mental Capacity Act 2005. A Certificate of Understanding must accompany each LPA. The person who countersigns this is called a Certificate Provider and has to be satisfied that you understand the nature and effect of the LPA and the Powers which the LPA gives to the Attorneys.

Please note an LPA can only operate during your lifetime. On your death, then Executors are appointed in your Will or, if you are without a Will, the Administrators under the Intestacy Rules will manage your estate.

Before an Attorney can act for you, the LPA has to be registered with the Office of the Public Guardian. 


If a person has lost capacity?

If a person has lost capacity or is having difficulty making their own decisions and has not prepared a Lasting Power of Attorney or Enduring Power of Attorney, an application can be make to the Court of Protection to appoint a Deputy. A Deputy is someone appointed by the Court of Protection to make decisions for someone who is unable to do so on their own. These decisions can involve the person’s finances, property, health and welfare. The Court of Protection can also make a Will on behalf of someone who lacks capacity. This is called a Statutory Will.

How can Roland Robinsons and Fentons help you?

We have the expertise to give you the best advice in these matters and much more.

Please call Clare Jackson (Blackpool Office) on 01253 621432 or Zoe Fleming (Lytham Office) on 01253 724353 for advice on LPAs or Court of Protection applications and for details of our competitive fixed fee packages.