Life is unpredictable, and unforeseen circumstances can arise at any moment. A lasting power of attorney (LPA) is one legal tool that many overlook, but it plays an essential role in ensuring that your affairs are managed properly when you can no longer make decisions for yourself.
According to Devon Live, this document provides clarity and security, helping you appoint someone you trust to handle crucial matters, whether personal or financial, in case of illness or incapacity. This article will explore why setting up an LPA is an important step for your future and how it can provide peace of mind for you and your family.
What is a Lasting Power of Attorney (LPA)?
At its core, a lasting power of attorney (LPA) is a legal document that designates someone to manage your affairs if you lose the mental capacity to do so yourself. This could be due to a sudden illness like a stroke, a long-term condition such as dementia, or an accident that leaves you incapacitated. The LPA comes into effect when you’re no longer able to make decisions for yourself.
As Lara Barton, a lawyer at Hunters Law LLP, explains:
“A lasting power of attorney (LPA) is a document whereby somebody appoints an individual or individuals to make decisions on their behalf when they no longer have the mental capacity to make those decisions themselves.”
This includes situations where someone experiences a dramatic health issue, like a stroke, or a degenerative disease like dementia.
There are two main types of LPAs: one for health and welfare decisions and another for property and financial affairs. The health and welfare LPA covers decisions about your medical care, where you live, and daily routines, while the property and financial LPA gives someone the authority to manage your finances, property, and assets. You can choose to appoint the same person for both roles, or different people based on their strengths and reliability in each area.
The Risks of Not Having an LPA
If you don’t set up a lasting power of attorney and you lose mental capacity, your family or friends may face a long, expensive process to get authority over your affairs. Without an LPA, they’ll need to apply to the Court of Protection.
As Barton points out, waiting too long to set up an LPA can lead to a situation where you’re unable to make decisions, and the only option for your loved ones is a Court of Protection application—a costly, time-consuming process. This can also involve a significant amount of legal red tape, leaving your family in a difficult position.
Moreover, if the process takes too long, it could create a situation where you have no one legally able to make decisions on your behalf. Medical professionals and social services might then become more involved than necessary, creating added stress.
Setting Up an LPA: The Process and Costs
Getting an LPA in place doesn’t have to be overly complicated, although there are some details to keep in mind. To start, you need to fill out two forms, one for health and welfare decisions and one for property and financial matters. These forms are available online through the UK government website and cost £82 each.
While it’s possible to complete the process independently, many people choose to consult a solicitor to ensure their LPA is done correctly. A solicitor can offer tailored advice and guide you through the form-filling process, ensuring that the right clauses are included for your specific situation.
One thing to remember is that you’ll need to print the forms, sign them, and get a certificate provider to verify that you’re not under any undue pressure while making this decision. This could be a trusted friend, your GP, or even a lawyer—just not a family member.
Once signed, the forms are sent to the Office of the Public Guardian for registration, which typically takes around 8 to 10 weeks if all is in order. Barton warns,
“Unclear handwriting can also cause a problem. It can actually cause the whole LPA to become invalid purely because a witness has written their address a bit messily, which can be very frustrating. The forms need to be completed very carefully and the guidance notes should be followed extremely carefully.”
