Please note, this article is based on the law of England and Wales, different rules apply in Scotland and Northen Ireland
A lasting power of attorney (LPA) is a crucial legal document enabling the nomination of a trusted individual to make decisions on behalf of someone unable to do so themselves, a condition known as ‘losing capacity.’ This loss of capacity could result from illness, injury, or other circumstances affecting one’s ability to decide on health or financial matters.
Understanding the importance of a lasting power of attorney:
It’s not always guaranteed that next of kin can make decisions in case of incapacity. Without an LPA, individuals may find others, including partners, parents, or siblings, making decisions they may not agree with.
Addressing the misconception: “I’m fit and well, why is a lasting power of attorney required?”
Despite being in good health, unforeseen events like accidents or sudden illnesses can quickly change personal circumstances. Having an LPA in place provides a plan for potential loss of capacity, offering peace of mind and control over decision-makers during challenging times.
The drawbacks of not having an LPA:
In the absence of an LPA, the family must apply to the Court of Protection, incurring time delays, potential unwanted appointees, and significant financial costs compared to the relatively inexpensive process of registering an LPA.
Understanding the workings of a lasting power of attorney:
The donor (individual establishing the LPA) chooses attorneys they trust to act in their best interests. Two types of LPAs exist: one for health and welfare matters and another for property and financial affairs, each with specific decision-making powers.
Making one’s own decisions even with an LPA in place:
While an LPA grants authority, individuals of sound mind can override it anytime using a ‘deed of revocation,’ ensuring autonomy in decision-making. The health and wellbeing LPA is activated only when capacity is lost.
Setting up an LPA step by step:
To register an LPA, specific forms (LP1F and LP1H) need to be submitted to the Office of the Public Guardian (OPG), along with an optional LP3 form for notifying up to five other individuals. Choosing attorneys, specifying their roles, and designating a certificate provider are crucial steps.
Cost considerations:
Registering an LPA incurs an £82 fee, with potential discounts for low-income individuals. The registration process typically takes 8-10 weeks, allowing for OPG confirmation.
Wider considerations
Irrespective of your age or health, unforeseen accidents or illnesses may happen at any moment, potentially depriving you of your decision-making capacity. This could render you incapable of managing your own financial and medical affairs. In the absence of essential documents such as an Advance Decision or Lasting Power of Attorney, there is a risk of having individuals not of your choosing making inappropriate decisions regarding both your finances and welfare. For assistance in establishing your LPA at a competitive fixed fee, please contact us below.