Lasting power of attorney

A Lasting Power of Attorney (LPA) is a legal document that allows a person to make decisions on behalf of another person. LPA was introduced by the Mental Capacity Act 2005 and allows a person to ensure their interests will be protected by a person they trust. An LPA nominates a person (the Attorney) who can make certain decisions in the future on behalf of a person (the Donor) who no longer has the capacity to make those decisions independently. A Donor must be over 18 years of age to make an LPA.

There are two types of Lasting Power of Attorney that can be made. The first is a health and welfare LPA. This allows a Donor to nominate an Attorney to make decisions about their health and welfare in the future. This type of LPA can only be used when the Donor lacks the capacity to make their own health and welfare decisions. For example, if the Donor is in the middle or later stages of Alzheimer’s disease. An Attorney will only be able to make decisions within the powers that the Donor grants them. The health and welfare decisions that can be taken by an Attorney include consent for procedures and treatments, and the decision to put the Donor into residential care. The power of the Attorney to make a decision about ‘life-sustaining treatment’ must be expressly granted by the Donor in the LPA.

The second type of LPA is a property and financial affairs LPA. This LPA allows an Attorney to make decisions about the Donor’s financial affairs and property, even if the Donor has the capacity to make them. Some people do not wish to deal with their own financial affairs and are able to nominate a trusted Attorney to make these decisions on their behalf.

A Lasting Power of Attorney is made by the completion of a special form and in order to be valid the LPA must be registered at the Office of the Public Guardian.

If you would like to obtain legal advice on Lasting Power of Attorney, Contact Law can put you in touch with local specialist trusts or an estate planning solicitor free of charge. So, if you have any questions or would like our help in finding local trusts or estate planning solicitors please call us on 0800 1777 162 or complete the web-form above.