What is a Lasting Power of Attorney? 📝

A Lasting Power of Attorney (LPA) is a legal document that allows you (the “donor”) to appoint one or more trusted individuals (your “attorneys”) to make decisions on your behalf if you lose mental capacity or become unable to manage your affairs yourself. Unlike an ordinary Power of Attorney, an LPA remains valid even if you can no longer make decisions, making it a crucial part of estate and financial planning.

Health and Welfare LPA ❤️

This allows your attorney(s) to make decisions about your health and personal welfare, such as medical treatment, daily care, and living arrangements. It can only be used once registered and you have lost capacity to make these decisions yourself.

Property and Financial Affairs LPA 💷

This enables your attorney(s) to manage your financial matters, including bank accounts, paying bills, selling property, and handling investments. You can choose for this to be used as soon as it is registered, or only if you lose mental capacity.

Without an LPA, your loved ones cannot automatically make decisions for you if you lose capacity. Instead, they must apply to the Court of Protection for a deputyship order-a process that is lengthy, costly, and offers less control over who is appointed. This can cause delays and financial difficulties, even for your spouse, as they may not be able to access joint accounts or manage your assets.

• No Health & Welfare LPA? Decisions about your care may be made by a court-appointed deputy or medical professionals-not necessarily those you trust.
• No Property & Financial Affairs LPA? Even your spouse may be unable to access joint bank accounts or pay bills, causing financial stress.

You can apply directly through the government website, or seek professional help from a service like Xwills.com to ensure your documents are completed correctly and your wishes are protected. Xwills.com offers a streamlined process that can often be completed over a short phone call.

• Preparation: Xwills.com can help prepare your documents quickly, often with a single call.
• Registration: The Office of the Public Guardian typically takes 8 to 10 weeks to register an LPA, due to a statutory 4-week waiting period for objections.
• Costs: Xwills charges £149 per LPA for their service. The government registration fee is £82 per LPA, paid directly to the Office of the Public Guardian. See Xwills.com pricing for more details.

You may qualify for a full exemption from the government fee if the donor receives means-tested benefits (e.g., Income Support, Employment and Support Allowance). If the donor’s gross annual income is less than £12,000, you may be eligible for a 50% reduction. Supporting documents such as benefit award letters or payslips are required.

To protect against abuse, the process requires a certificate provider and two independent witnesses.

• The certificate provider must be someone who has known you for at least two years or a professional (e.g., GP, solicitor).
• They must be impartial and cannot be family members, attorneys, business partners, or care home staff involved in your care.

• Must be at least 18 years old and have full mental capacity.
• Cannot be named as an attorney or replacement attorney for the donor’s signature.
• Must be physically present at the time of signing-remote witnessing is not allowed.
• Family members can act as witnesses if not named as attorneys, but using an impartial third party is best practice.
• The certificate provider can also act as a witness to the donor’s signature if present at the signing.

For more information and to ensure your LPA is set up correctly, consider professional services like Xwills.com, or consult the Office of the Public Guardian and Age UK’s guide.

• The Essential Role of Wills and Powers of Attorney in the UK
• What is a Lasting Power of Attorney?
• Health and Welfare LPA
• Lasting Power of Attorney and Dementia
• UK Government’s LPA page