An LPA is a legal document which allows someone to act on your behalf.

If you become incapacitated in the future, either mentally or physically unable to make decisions for yourself or manage your affairs, you would need someone legally able to act for you. By making an LPA whilst you are fit and well, you can decide whom you would want to make decisions on your behalf.

There are two types of LPA; a Property and Financial Affairs LPA, and a Health and Welfare Decisions LPA. LCS offer a third option, a Business LPA. All LPA's must be registered with the Office of the Public Guardian (OPG) before they can be used.

Property and Financial Affairs LPA

This allows decisions to be made on your behalf with regards to your assets and finances i.e. buying and selling your properties, paying your expenses and completing tax returns. This LPA, once registered, can be used when you are just physically less able and whilst you still have mental capacity, as well as when you have lost mental capacity.

Health and Welfare Decisions LPA

This allows welfare and healthcare decisions to be made on your behalf i.e. where you live, what you wear, health provisions, dentistry, as well as consenting to you undergoing surgery, being kept alive on life support systems and resuscitation. This LPA can only be used once you have lost mental capacity.

Business Affairs LPA

This LPA allows someone to manage your business interests should you become unable to manage or lose mental capacity.

Why is it important to have one?

The absence of a Financial LPA may affect those who rely on you. If you lose mental capacity, your assets become "frozen" and nobody, other than your Attorney (provided your LPA is registered) can deal with them. If you fail to appoint an Attorney, someone must apply to the Court of Protection to act as your Deputy. This procedure is very costly and can take several months, meaning nobody can manage your finances until a Deputy is appointed.

Failing to appoint a Health and Welfare Decisions LPA results in people such as medical staff making your decisions for you. Assigning an LPA gives you the opportunity to ensure someone you know, and more importantly trust, will be making your decisions accordingly.

What if I don't assign anyone?

Someone would have to apply to the Court of Protection to be assigned as your Deputy. This being said, applications for Healthcare and Welfare Decisions are very rarely granted.

If they are accepted, the Court will supervise your Deputy and accounts will need to be kept and submitted. Married couples may find this involvement intrusive and supervision wouldn't be as extensive if the LPA had been assigned whilst you still had mental capacity.

What power does this hand someone?

Your Attorneys have a duty to act in your best interest. Essentially, you are allowing someone the ability to assist you when you need their help, and to make decisions regarding your wellbeing when you are unable to make them for yourself.

If you have concerns that your Attorney wouldn't act in this way, you may set out specific instructions and restrictions you'd like to be considered or adhered to. You may also appoint more than one Attorney and express which matters you wish them to act together on, and which matters you wish them to act separately.

The Court has the power to remove an Attorney or Deputy if they are not acting in the best interests of the person they act for.

How do you appoint an LPA?

  1. Consider who you would like to appoint as your Attorney(s)
  2. Contact LCS to book your appointment

One of our specialists will be happy to advise and guide you and, we do all the work for you so that you can be assured of a seamless and professional service.

Contact LCS now on 0345 017 8250 to take advantage of our Buy One Get One Free offer with Lasting Powers of Attorney.