A lasting power of attorney (LPA) is a legal document. It lets a person choose someone to help with their decisions, or to decide for them. The person making it is called the "donor". The people they choose are called "attorneys".
The donor must be 18 or over and have mental capacity when they make it. Mental capacity means being able to make a decision for yourself. So it is best to do it early.
What are the two types of lasting power of attorney?
There are two types, and a donor can make one or both.
- Property and financial affairs: decisions about money and property.
- Health and welfare: decisions about care and health.
It is generally recommended to set up both types at the same time.
What does each type cover, and when can it be used?
A health and welfare LPA covers:
- daily routine
- medical care
- moving into a care home
- life-sustaining treatment
It can only be used when the donor cannot make their own decisions.
A property and financial affairs LPA covers the donor’s money and property. It can be used as soon as it is registered, if the donor gives permission. It does not only start when capacity is lost.
Any LPA has to be registered before it can be used.
Who can be an attorney, and how many should I choose?
An attorney must be over 18. A donor can choose one attorney or several.
If there are several, the donor can decide how they work together. They can require them to act jointly on everything. Acting jointly means they decide together. The donor can also mix the approach. For example, attorneys could decide jointly on money, while one person decides where the donor lives.
Choose someone the donor trusts. An attorney has a duty of care to the donor. The role is not for personal benefit. Attorneys must:
- keep the donor’s money separate from their own
- keep accurate accounts
When an LPA can end
- An LPA ends automatically if the attorneys lack the mental capacity to make decisions.
- A property and financial affairs LPA also ends automatically if the attorney or the donor becomes bankrupt.
- The Court of Protection, a court that deals with mental capacity matters, can cancel an LPA if an attorney is not acting in the person’s best interests and makes excessive gifts.
- A donor can cancel their LPA at any time, even after it is registered, as long as they have the mental capacity to do so.
How do I register an LPA, and what does it cost?
The LPA must be registered with the Office of the Public Guardian. This is the government body that registers LPAs. Either the donor or an attorney can apply. You can apply online on GOV.UK.
- Fee: currently £92 to register an LPA, unless the person gets a reduction or exemption.
- Reduced fee: people on certain benefits or a low income may pay less or nothing.
- Time: currently 8 to 10 weeks if the application has no mistakes.
- Notice period: there is a 4-week period during which people can raise objections.
Fees and times change. Check the latest on the official GOV.UK power of attorney page. If you apply online, use only the official GOV.UK service. Before you pay anything, check that the web address is a gov.uk address.
A solicitor can help if the donor has trouble with the questions or wants their work checked. For benefits that may lower your fee, see our rights and benefits guide.
What happens if we leave it too late?
If someone has already lost capacity, they can no longer make an LPA. Families in this position should get advice quickly from a solicitor.
Rules can differ in Scotland, Wales and Northern Ireland.
If the person is living with dementia
- Do not wait. Start the LPA as early as you can.
- If you are not sure whether the person can still make one, ask a solicitor. The Office of the Public Guardian can help you decide whether to make an LPA.
- Talk at a calm time of day. Explain one step at a time, in plain words.
What to do next
- Talk with the person about who they would trust as an attorney, and whether they want one or both types.
- Read the GOV.UK guidance and start the online application.
- Check whether the person qualifies for a reduced fee or exemption.
- Ask a solicitor if your situation is complex, or if capacity is in doubt.
- Keep the registered LPA somewhere safe, and tell the attorneys where it is.