Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) is a legal document by which a person — the donor — appoints one or more attorneys to make decisions on their behalf if they later lose the mental capacity to make those decisions themselves. It must be registered with the Office of the Public Guardian before it can be used.

The two types#

Property and Financial Affairs. Covers bank accounts, bills, investments, benefits and selling property. It can be used as soon as it is registered, with the donor's permission, while they still have capacity.

Health and Welfare. Covers medical treatment, care arrangements and where the donor lives. It can only be used once the donor has lost capacity, and it only extends to life-sustaining treatment if the donor expressly said so in the document.

Why they matter more than most clients think#

Without an LPA, nobody has automatic authority. A spouse cannot simply manage their husband's or wife's accounts. The family's only route is a deputyship application to the Court of Protection, which costs considerably more, takes months, and imposes ongoing supervision fees and reporting duties.

An LPA made in advance costs a fraction of that and takes effect when it is needed.

Key roles#

• Donor — the person making it, who must have capacity at the time
• Attorney — the person appointed; can act jointly, or jointly and severally
• Replacement attorney — steps in if an original attorney cannot act
• Certificate provider — confirms the donor understands the document and is not being pressured
• People to be notified — optional; told when registration is applied for

In practice#

The document is short. The work is in the detail around it — how attorneys act together, who replaces whom, who certifies, and the order everybody signs in. Signing out of order is the most common reason the Office of the Public Guardian rejects an application.

Willo drafts both types, populated from the client record. See LPA software.