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An LPA is a legal document that allows someone (a Donor) to choose someone else (an Attorney(s)) to make decisions on their behalf.
The vast majority of applications are made by children who will be acting for their parents.
The attorney(s) can make decisions about things such as your money and property…also your health and welfare issues such as dealing with your care requirements and medical treatment…..at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions.
A Donor HAS TO HAVE MENTAL CAPACITY to grant a Lasting Powers of Attorney; ie. understand who they are appointing to act on their behalf and what they are signing.
Sometimes people wish to plan ahead and set out in advance what they would like to happen should they become unable to make decisions for themselves in the future.
There are two types of LPA
- A property and financial affairs LPA is for decisions about finances, such as selling the Donor’s house or managing their bank account, dealing with pensions, insurances and paying bills.
- A health and welfare LPA is for decisions about both health and personal welfare, such as dealing with social services, local authorities, care homes and making medical decisions where required. It also enables the attorneys to make life sustaining decisions.
An Attorney must act in the Donor’s best interests.
Who can make an LPA?
Anyone aged 18 or over, with the capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.
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Parties to an LPA
A Donor
is someone who makes an LPA appointing an Attorney(s) to make decisions about his/her health and welfare, property and financial affairs or both.
An Attorney
is the person(s) chosen by the donor to make decisions about either health and welfare or property and financial affairs or both, on their behalf.
A Replacement Attorney
is the person nominated to replace an Attorney if that Attorney is no longer able to act on behalf of the donor
A Certificate Provider
is someone who signs the document to confirm that the Donor has understood the LPA and that the Donor is not under any pressure to sign it.
A Named Person (optional)
is someone chosen by the Donor to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration.
A Witness
is someone who signs to confirm that they witnessed: the Donor signing and dating the LPA form; or the Attorney(s) signing and dating the LPA form.
Registration of an LPA
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. An unregistered LPA will not give the Attorney any legal powers to make a decision for the Donor. The Donor can register the LPA while they have capacity, or the Attorney can apply to register the LPA at any time.
The registration fee charged by the OPG is means tested on the “Donor’s Income”.
Over £12,000 income per annum – £82 per document.
Under £12,000 income per annum (we will apply for a 50% discount) – £41 per document.
In receipt of certain means tested benefits (we will apply for a total exemption of the fee) – £0 per document.
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