What is a Lasting Power of Attorney?

Planning for the future means thinking about what would happen if you were no longer able to make decisions for yourself. One of the most effective ways to prepare is by putting a Lasting Power of Attorney (LPA) in place.

But what is a lasting power of attorney, and how does it work in practice?

In this guide, we explain the meaning of a lasting power of attorney, the different types available in England and Wales, and why arranging one can provide valuable reassurance for you and your family.

If you require advice on establishing Lasting Powers of Attorney, assistance in understanding your rights or what an LPA could mean for you, or simply want a reassuring chat to ensure you make the right decision, our power of attorney solicitors are here for you.

What is a lasting power of attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf if you are unable to do so yourself.

The person creating the LPA is known as the donor. The individuals appointed to act are called attorneys.

An LPA applies in England and Wales and is governed by the Mental Capacity Act 2005.

In simple terms, if you are asking “what is an LPA?” or “what is lasting power of attorney?”, it is a way of giving someone you trust the legal authority to step in and manage important matters if you lose mental capacity or, in some cases, if you simply need support.

It is important to understand that a lasting power of attorney must be registered with the Office of the Public Guardian (OPG) before it can be used. Until registration is complete, your attorneys have no authority to act.

What are the two types of LPA?

There are two distinct types of LPA available in the UK:

1. Property and Financial Affairs LPA
2. Health and Welfare LPA

Each type covers different areas of decision-making. Many people choose to put both in place to ensure full protection.

Understanding the types of LPA is essential, as each serves a separate purpose and operates slightly differently.

What is the difference between health and welfare LPA and property and financial affairs LPA?

Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows your attorneys to manage financial matters such as:

• Paying household bills
• Managing bank accounts
• Collecting pensions or benefits
• Handling investments
• Selling or maintaining property
• Planning estates

You can choose for this LPA to be used as soon as it is registered, with your consent, even if you still have mental capacity. Alternatively, you can specify that it should only be used if you lose capacity.

This flexibility makes it particularly useful if you travel frequently, have mobility issues, or simply want assistance managing complex financial arrangements.

Health and Welfare LPA

A Health and Welfare LPA covers decisions about your personal wellbeing, including:

• Medical treatment
• Care arrangements
• Moving into a care home
• Day-to-day matters such as diet and routine

Unlike the financial LPA, a health and welfare LPA can only be used if you lack mental capacity to make the specific decision in question.

You can also choose whether to give your attorneys authority to make decisions about life-sustaining treatment.

In summary, the property and financial affairs LPA focuses on money and assets, while the health and welfare LPA relates to medical and care decisions.

Who can make a lasting power of attorney?

To create a lasting power of attorney in England and Wales, you must:

• Be aged 18 or over
• Have mental capacity at the time the document is made (meaning you understand the nature and effect of the LPA)

You can appoint one attorney or several. Attorneys must also be aged 18 or over. For a property and financial affairs LPA, attorneys cannot be bankrupt at the time they act.

You may appoint family members, friends, or professionals. It is vital to choose individuals you trust, as they will have significant responsibility.

What is the difference between LPA and ordinary power of attorney?

An ordinary power of attorney is typically used for temporary situations. For example, you might grant one if you are abroad and need someone to handle financial matters for a short period.

However, an ordinary power of attorney automatically ends if you lose mental capacity.

By contrast, a Lasting Power of Attorney is specifically designed to continue if you become mentally incapable of making decisions.

You may also come across the term Enduring Power of Attorney (EPA). EPAs were used before October 2007 and only covered financial matters. They have since been replaced by LPAs. Existing EPAs may still be valid, but no new ones can be created.

When does an LPA come into effect?

An LPA does not take effect immediately after signing. It must first be registered with the Office of the Public Guardian.

The process to register LPA documentation can take several weeks. Once registration is complete:

• A Property and Financial Affairs LPA can be used immediately, if you have allowed this, or only upon loss of capacity depending on your choice.
• A Health and Welfare LPA can only be used when you lack mental capacity to make the relevant decision.

Without registration, attorneys have no legal authority to act.

Why is having an LPA important?

Putting a lasting power of attorney in place provides reassurance that, if the unexpected happens, someone you trust will manage your affairs.

If you lose capacity without an LPA, your loved ones may need to apply to the Court of Protection for a Deputyship Order. This process can be:

• Lengthy
• Expensive
• More restrictive

Deputies are supervised by the court and must file regular reports. The overall LPA cost is usually far lower than the cost of deputyship proceedings.

Creating an LPA while you are fit and well ensures you retain control over who will act for you and how decisions should be made.

Frequently asked questions about LPAs

Can I have both types of LPA?

Yes. Many people choose to set up both a Property and Financial Affairs LPA and a Health and Welfare LPA.

You can appoint the same attorneys for each or select different individuals depending on their strengths and expertise. Having both in place ensures that decisions about finances and personal welfare are covered.

What age should I make an LPA?

You must be at least 18 to create an LPA. There is no ideal age to put one in place.

While many associate LPAs with later life, unexpected illness or accidents can occur at any stage. The key requirement is that you must have mental capacity at the time of making it. Once capacity is lost, you cannot create an LPA.

For that reason, it is often sensible to arrange one while you are healthy.

Can an LPA be revoked?

Yes. You can revoke LPA arrangements at any time, provided you still have mental capacity.

To cancel it, you must complete a formal deed of revocation and notify the Office of the Public Guardian and your attorneys.

If capacity has already been lost, the Court of Protection would need to be involved in removing an attorney.

Seeking advice on lasting powers of attorney

If you are considering putting an LPA in place, or need advice about registering or cancelling one, speaking to an experienced solicitor can help ensure everything is completed correctly and reflects your wishes.

Devonalds Solicitors provide clear, practical guidance on lasting power of attorney matters from Bridgend, Caerphilly, Church Village, Tylorstown, Tonypandy, Talbot Green, Treorchy or Pontypridd to talk to one of our probate solicitors today.

You can call us on 01443 779050 or use our simple contact form , and we will get back to you as soon as possible.