A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (known as ‘attorneys’) to help you make decisions or make them on your behalf.
This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (lacking ‘mental capacity’).
Why Should You Set Up an LPA?
It is a common misconception that LPAs are only for the elderly. In reality, anyone may need help managing their affairs due to:
Communication Difficulties: Physical illness or stroke.
Mobility Issues: Difficulty reaching banks or attending appointments.
Cognitive Decline: Conditions like dementia or sudden “brain fog” from illness.
Future Planning: Ensuring your wishes are respected before any loss of capacity occurs.
In the UK, there are two distinct types of LPA. You can choose to set up one or both:
| Type of LPA | What it Covers |
| Property & Financial Affairs | Managing bank accounts, paying bills, collecting benefits/pensions, or selling your home. |
| Health & Welfare | Decisions on your daily routine (washing, dressing, eating), medical care, moving into a care home, and life-sustaining treatment. |
1. Property and Financial Affairs LPA
This allows your attorney to supervise your money and assets. This is a vital safeguard against financial abuse and fraud. Criminals often target vulnerable individuals; having a trusted attorney ensures your hard-earned savings are monitored and protected. This LPA can often be used even while you still have capacity, if you give permission.
2. Health and Welfare LPA
This LPA can only be used when you can no longer make your own decisions. It allows your attorney to speak for you in interactions with your GP and the NHS.
Integration with the NHS: Once registered, you should provide a copy to your GP. They will place it on your medical record, ensuring that if you are hospitalized, the medical team knows exactly who has the legal authority to advocate for your care.
The process is straightforward but must be done while you still have the mental capacity to understand the document.
Choose Your Attorney: Usually a trusted family member or close friend.
Fill in the Forms: Available via the Official UK Government Website.
Register with the OPG: The forms must be sent to the Office of the Public Guardian (OPG). It can take several weeks for the registration to be finalized.
Notify Authorities: Once registered, notify your bank and your GP surgery.
Note: If you lose capacity without an LPA in place, your family may have to apply to the Court of Protection to become a “deputy,” which is a much longer and more expensive process.
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