What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document, signed by you (the donor) and the attorneys you trust and have chosen, which allows your attorneys to make decisions on your behalf while you are alive.

It is completely separate to your Will and neither have any bearing on the other, indeed your LPAs come to an end when you die. LPAs are most commonly thought of in relation to a loss of mental capacity e.g. through dementia.

There are two types of LPA – Property & Finance, and Health & Welfare.
  • A Property & Finance LPA allows your attorneys to make decisions on your behalf regarding your finances, for example paying your bills or managing your income and bank account. With your permission, this document can be used immediately without you having lost mental capacity.
  • A Health & Welfare LPA can only be used when you have insufficient mental capacity to make your own decisions, and allows your attorneys to make decisions on your care and wellbeing, for example where you live and what medical treatment you receive. You can specify whether or not your attorneys have the power to decide on life-sustaining treatment.
At all times, your attorneys are legally obliged to act in your best interests, and it is important to note that a loss of capacity may be temporary, e.g. a coma from which a person makes a full recovery.
To arrange an appointment to discuss your Lasting Powers of Attorney, please call 015395 87757, email info@lakeswills.co.uk or Contact Us here

What happens if I don’t have LPAs?

Where a person loses mental capacity and does not have LPAs in place, the Court of Protection may become involved and make the required decisions on a person’s behalf. The Court may not make the same decisions as the person themselves would have wanted.

Relatives can apply to the Court of Protection to be appointed as deputies, however this is a lengthy and expensive process that is not guaranteed to end in the relatives’ appointment, and of course relatives could dispute each other’s applications. Where the Court does appoint a relative as a deputy, it is likely to impose onerous supervision, at the deputy’s expense, to ensure they are acting ethically.

The Court of Protection can appoint different deputies for a person’s finances and their welfare, however in practice it rarely agrees to appoint welfare deputies.

Where the Court of Protection does appoint a deputy, they may not be the deputy that the person concerned would themselves have chosen.

Creating Lasting Powers of Attorney ensures that, should you lose mental capacity, your family have the best chance of making the decisions you would have wanted for yourself, without suffering any extra unnecessary stress.

Lakes Wills Ltd’s fees for registering LPAs begin from £350 for one LPA type for one person*.

* The Office of the Public Guardian charges an extra £82 fee for each LPA type on application.

Lakes Wills Ltd is a fully-insured member of the Institute of Professional Willwriters and complies with the IPW code of practice.

Stephen Thrift
Lakes Wills Ltd

T: 07795 661719
E: info@lakeswills.co.uk

Registered Office: 
Ryburn, Back Lane, Warton, Lancaster, LA5 9QU

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