Frequently Asked Questions
Understanding LPAs
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions on your behalf if you lose the ability to make them yourself. There are two types: one for health and welfare, and one for property and financial affairs.
What’s the difference between Health and Welfare and Property and Financial Affairs LPAs?
A Health and Welfare LPA covers decisions about your care, treatment and living arrangements. A Property and Financial Affairs LPA deals with your finances, such as managing bank accounts, paying bills and selling property.
Who needs an LPA?
Anyone over 18 can make an LPA. It’s particularly important if you want to stay in control of who would make decisions for you if you lose mental capacity due to illness, accident or ageing.
What happens if I don’t make one?
If you lose capacity without an LPA in place, your loved ones would need to apply to the Court of Protection to make decisions on your behalf. This is a slower, more expensive and more stressful process.
Is an LPA the same as a Will?
No. A Will takes effect after you die. An LPA is used while you are still alive but unable to make certain decisions for yourself.
Setting up an LPA
How do I set up an LPA?
You can set up an LPA by completing the official forms and sending them to the Office of the Public Guardian (OPG) for registration. You can do this online or by using paper forms. Some people choose to use a professional to help ensure it’s done correctly.
When should I make one?
As soon as possible. You can only make an LPA while you have full mental capacity, so it’s best to do it early, before it’s ever needed.
Can I make an LPA if I’ve been diagnosed with a condition like dementia?
Yes, as long as you still have mental capacity at the time of making it. A professional may need to assess and confirm this.
How long does it take to register?
Once submitted, it usually takes 8 to 10 weeks to register an LPA with the OPG, assuming there are no errors or objections.
Can I make an LPA online?
Yes. The government offers an online service to create and register your LPA. However, many people still prefer help from a legal or estate planning professional.
Costs and Legal Considerations
How much does it cost to register an LPA?
The standard fee is £82 per LPA. If you want both types, the total cost is £164. You may be eligible for a reduced fee or exemption depending on your income.
Do I need a solicitor to make one?
No, but it can be helpful, especially if your situation is complex or if you want peace of mind that it’s been done correctly.
Can I cancel or change my LPA later?
Yes. You can cancel or amend your LPA at any time, as long as you still have mental capacity. Changes must be made formally.
Is there help available if I can’t afford the fee?
Yes. You may qualify for a fee reduction or full exemption if you’re on certain benefits or have a low income. The OPG provides guidance on this.
What is the role of the Office of the Public Guardian (OPG)?
The OPG registers LPAs, supervises attorneys and deputies, and investigates concerns about how attorneys are acting. They exist to protect people who may lack mental capacity.
Attorneys and Decision-Making
Who can I appoint as an attorney?
Anyone over 18 who has mental capacity. Most people choose a family member or close friend. You can also appoint a professional, such as a solicitor.
Can I have more than one attorney?
Yes. You can appoint multiple attorneys and decide whether they must act jointly or can act independently.
What if my attorney is no longer able or willing to act?
You can name replacement attorneys in your LPA. If none are available, someone may need to apply to the Court of Protection.
Can my attorney make decisions while I still have capacity?
Only with your permission, and only for a Property and Financial Affairs LPA. A Health and Welfare LPA can only be used if you lose capacity.
What happens if someone misuses their power as an attorney?
You or others can report concerns to the OPG, who can investigate and take action if necessary. In serious cases, the matter may be referred to the Court of Protection or the police.
