If you are looking to allow someone to make important life decisions that you are unable to make yourself, you can use a lasting power of attorney (LPA). In line with The Mental Capacity Act 2005, an LPA will grant one or more people the legal right to make and enact decisions to maintain your health or property and financial affairs.

You should make sure that you trust the person or people you are appointing as your attorneys to make good and responsible decisions for you.

Read more to learn about what an LPA can do, how you can apply for an LPA, and what benefits and risks this brings.

What Does a Lasting Power of Attorney Do?

There are two types of LPA, which deal with different aspects of your life. These are:

• Health and welfare; and
• Property and financial affairs.

You can appoint one person to both roles, but you should consider whether they will be able to do both simultaneously with the same effectiveness. If not, you should consider appointing more than one attorney.

A health and welfare LPA will enable the attorney to set guidelines and rules about your daily routine, such as how and when you should wash, dress and eat. They will also be able to organise medical treatment for you and decide what care you should be given, whether that is a diagnosis, prescriptions or surgery. If they feel as though you would benefit from being moved into a care home, they can arrange this for you too.

Meanwhile, a property and financial affairs LPA will grant an attorney the ability to handle your taxes, expenses, bills, and other aspects of your finances. They will have access to your accounts.

How Can I Appoint a Lasting Power of Attorney?

The first step in making an LPA is to declare who you wish to grant attorney privileges. You should also have a conversation with them to determine whether they are willing and able to take on the responsibility.

You should then seek professional assistance in the completion of the forms. You will need someone to act as your “certificate provider”, to confirm that you have the capacity to make the document.

Witnessing

The forms must be signed by you, the people you are nominating as attorneys, at least one witness and a certificate provider who will sign to confirm the legitimacy of the document.

Without each signature and proper witnessing, the form will be invalid and unable to be used.

Registering your LPA

Once all of the forms have been completed, you will be required to register them with the OPG. This must be done by sending the physical forms (completed and signed) along with the fee of £82.

It can take up to 20 weeks to complete the process, and any mistakes can significantly extend this period of time.