What is a Lasting Power of Attorney (LPA)?
A lasting power of attorney (LPA) is a legal document that lets an individual choose one or more trusted people (attorneys) to make decisions on his/her behalf.
An LPA gives the individual more control over what happens if they cannot make their own decisions when they have an accident or illness or lack of mental capacity.
There are two types of LPA
An LPA can be made to cover
- the individual’s property and financial affairs or
- their health and welfare affairs.
They can make one or both of the LPAs. The LPAs do not have to be made at the same time.
Why do we need LPAs?
According to the Dementia Statistics Hub, the number of people living in the UK with dementia was estimated to be close to one million in 2024 (982,000). The number of people with dementia is increasing because people are living longer. It is expected to rise to 1.4 million by 2040. One in two of us will be affected by dementia in our lifetime.
Why should I make an LPA now?
It is a common misconception that there is an automatic right for spouses, civil partners or children can take care of financial affairs when someone loses mental capacity or becomes unable to deal with their affairs by themselves. However, there is no such right. Instead, the individual will need to appoint an LPA by registering with the Office of the Public Guardian whilst the individual is mentally capable.
It takes up to 20 weeks to register an LPA provided there are no mistakes in the application and no objections.
If an individual, no longer has the capacity to make an LPA, anyone can apply to the Court of Protection, including family members, relatives, trusted friends, healthcare trusts or local authorities. The Court must consider the best interests for the individual however, the deputy may be someone who does not know the individual very well. The process of applying to the Court of Protection would normally take around four to six months minimum and is very costly.
Therefore, it is highly recommended that LPAs are appointed now, whilst you have mental capacity, to avoid this risk.
When can an LPA be used?
When completing the LPA, the individual can decide whether their property and financial or health and welfare LPA can be used as soon as it’s registered or only once they have lost mental capacity. Once the LPA is registered the donor will receive the stamped document which they can pass on to their attorneys to activate when required.
Can I alter my LPA?
So long as you still have mental capacity, you can contact the Office of the Public Guardian and ask for your LPA to be ended, or for a particular attorney to be removed. Once the LPA has been registered if you decide you would like to add new attorneys you will need to cancel the LPA registered and apply for a new one.
Can I set up an LPA myself?
Yes you can, although it can take a long time and the forms are quite complicated. It’s easy to make mistakes which will delay having them registered.
Whether you fill them in yourself and need some professional input or require a more comprehensive service, we can advise, complete the forms for you, and even submit them should you wish. Just ask.
Next steps
Find out more about probate and estate administration
For more details about our range of probate services, please get in touch through the form or download our Probate services brochure.
Meet our probate specialists in Abingdon
We are highly experienced and licensed probate practitioners, licensed by the Institute of Chartered Accountants in England and Wales (ICAEW), a licensing body for probate.
As full members of STEP (Society of Trust and Estate Practitioners) our services include probate activities, will writing, estate planning, applications for grants of probate, the administration of estates and the administration of trusts. We can advise on and minimise tax liability on Inheritance Tax and taxes related to trusts and estates.
We have the experience to ensure that the management of the estate will be handled professionally and sensitively. To find out how we can help you, please fill in the form below to contact one of our probate advisors in Abingdon.
Our probate specialists are based in Abingdon, Oxfordshire, and we have 4 offices across Berkshire, Oxfordshire and Wiltshire, and look after probate, estate, trust and tax clients from all across the UK.
