What an LPA does
A Lasting Power of Attorney (LPA) legally appoints someone you trust (your "attorney") to make decisions on your behalf if you become unable to make them yourself — due to illness, an accident, or later-life cognitive decline. Without one, your loved ones may need to apply to the Court of Protection, a slower, more expensive and more stressful process, to gain the legal authority to act for you.
The two types
| Type | Covers |
|---|---|
| Property and financial affairs | Bank accounts, bills, property, investments, and financial decisions generally |
| Health and welfare | Medical treatment decisions, care arrangements, and daily welfare — only usable once you lack mental capacity |
You can set up one or both types, and choose different attorneys for each if you wish — many people set up both, since they cover genuinely different areas of decision-making.
Why it's not just for older people
Loss of mental capacity can result from an accident or sudden illness at any age, not only from age-related decline — which is why financial and legal professionals commonly recommend setting up an LPA well before it might ever be needed, rather than waiting until later in life when it may already be too late to arrange (an LPA can only be set up while you still have mental capacity to do so).
Choosing your attorney(s)
Choose someone you trust completely to act in your best interests — often a spouse, adult child, or close family member — and consider naming a replacement attorney in case your first choice becomes unable or unwilling to act when needed. You can also require multiple attorneys to act jointly (agreeing on every decision) or jointly and severally (able to act independently), depending on your preference.
Registering it
An LPA must be registered with the Office of the Public Guardian before it can be used — this can be done at the time it's set up, or later, though registering promptly avoids delays if it's suddenly needed in an emergency.
Key takeaways
- An LPA lets a trusted person make decisions for you if you lose the ability to do so yourself.
- The two types — property/financial and health/welfare — cover different areas and can be set up separately.
- It can only be set up while you still have mental capacity, so earlier is generally better than later.
- It must be registered with the Office of the Public Guardian before it can actually be used.