Lasting Power of Attorney in the UK: A Complete and Practical Guide

What Is a Lasting Power of Attorney?

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A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more trusted individuals (the attorneys) to make decisions on your behalf if you are unable to do so in the future.

An LPA can only be created while you still have mental capacity. Once registered, it ensures that your wishes are respected and that decisions are made by people you trust, rather than by institutions or courts.

The Two Types of Lasting Power of Attorney in the UK

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In the UK, there are two distinct types of LPA, each covering different aspects of decision-making.

Both LPAs are independent. You can choose to set up one or both, depending on your circumstances.

Why a Lasting Power of Attorney Is So Important

Without a valid LPA in place, even close family members do not automatically have the legal right to make decisions for you. In such cases, decisions may be delayed or transferred to court-appointed deputies, which can be time-consuming, expensive and stressful.

A Lasting Power of Attorney:

1. Protects your autonomy and personal wishes
2. Reduces uncertainty and conflict for family members
3. Ensures continuity in financial and healthcare decisions
4. Provides reassurance in the event of illness or accident

Importantly, LPAs are not only for older adults. Anyone over 18 can benefit from having one.

Choosing the Right Attorney

Selecting an attorney is a critical decision. Attorneys should be:

- Trustworthy and reliable
- Capable of managing responsibility
- Willing to act in your best interests

You can appoint more than one attorney and decide whether they act jointly or independently. You may also name replacement attorneys as a safeguard.

Clear instructions and preferences can be included to guide decision-making and avoid ambiguity.

How to Set Up a Lasting Power of Attorney in the UK

Setting up an LPA involves several steps:

1. Choosing the type of LPA

2. Appointing attorneys and replacements

3. Completing the official LPA forms

4. Having the document certified to confirm mental capacity

5. Registering the LPA with the relevant authority

An LPA cannot be used until it has been formally registered, so early planning is strongly advised.

Common Misconceptions About Lasting Power of Attorney

Many people delay creating an LPA due to misconceptions, such as:

- Believing it removes their independence immediately
- Thinking it is only necessary in later life
- Assuming spouses or children automatically have authority

In reality, an LPA offers flexibility and control, allowing you to decide who acts for you and how decisions should be made.

When Should You Set Up a Lasting Power of Attorney?

The best time to set up an LPA is before it is needed. Once mental capacity is lost, it is no longer possible to create one. Early preparation ensures peace of mind and avoids rushed decisions during a crisis.

FAQ: Lasting Power of Attorney in the UK

What is the difference between Power of Attorney and Lasting Power of Attorney?

A standard Power of Attorney is usually temporary and limited. A Lasting Power of Attorney continues if you lose mental capacity and must be registered to be valid.

Can I have more than one attorney?

Yes. You can appoint multiple attorneys and specify how they should make decisions, either together or separately.

Does a Lasting Power of Attorney override my wishes?

No. Attorneys are legally required to act in your best interests and follow any instructions or preferences you set out.

Is a Lasting Power of Attorney expensive?

There are registration fees involved, but setting up an LPA is generally far less costly than court proceedings if no LPA exists.

Can a Lasting Power of Attorney be changed?

Yes. As long as you have mental capacity, you can amend or cancel an LPA at any time.

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