Lasting Power of Attorney

What is a Lasting Power of Attorney (LPA)?

An LPA is a legal document that you (the Donor) make using a special form. It allows you to choose someone now (the Attorney) that you trust to make decisions on your behalf about things such as your property and affairs or personal welfare 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 yourself.

The types of LPA

There are two different types of LPA:

Personal Welfare LPA
Property and Affairs LPA

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.

The Personal Welfare Lasting Power of Attorney

Personal Welfare Lasting Power of Attorney (LPA) allows you to plan ahead by choosing one or more people to make decisions on your behalf regarding your personal healthcare and welfare.

These personal welfare decisions can only be taken by somebody else when you lack the capacity to make them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia.

The Attorney(s) you appoint to make personal welfare decisions will only be able to use this power once the LPA has been registered and provided that you cannot make the required decision for yourself.

You can decide to give your Attorney the power to make decisions about any or all of your personal welfare matters, including healthcare matters. This could involve some significant decisions, such as:

Giving or refusing consent to particular types of health care, including medical treatment decisions; or
Whether you continue to live in your own home, perhaps with help and support from social services, or whether residential care would be more appropriate for you.

If you want your Attorney(s) to have the power to make decisions about 'life-sustaining treatment', you have to expressly give your chosen Attorney(s) the power to make such decisions.

You can also give your Attorney(s) the power to make decisions about day-to-day aspects of your personal welfare, such as your diet, your dress, or your daily routine.

This type of LPA does not allow the person(s) you have chosen (your Attorney) to make decisions about your property and affairs. If you would like someone to be able to make property and affairs decisions on your behalf you will need to make a Property and Affairs LPA.

The property and affairs Lasting Power of Attorney

A Property and Affairs Lasting Power of Attorney (LPA) allows you choose one or more people to make decisions on your behalf regarding your property and financial affairs.

You can appoint a property and affairs Attorney to manage your finances and property whilst you still have capacity as well as when you lack capacity. For example, it may be easier for you to give someone the power to carry out tasks such as paying your bills or collecting your benefits or other income.

You can decide to give your Attorney(s) the power to make decisions about any or all of your property and affairs. This could include paying your bills, collecting your benefits or selling your house.

This type of LPA does not allow the person(s) you have chosen (your Attorney) to make decisions about your personal welfare. If you want someone to be able to make personal welfare decisions on your behalf you will need to make a Personal Welfare LPA.

Deputy Power of Attorney (DPA)

A Deputy Power of Attorney is, however, more complicated than either the Personal Welfare or Property and Affairs LPA, as this covers Donors who do not have the mental capacity to understand or cannot give instructions to make an LPA. This Power of Attorney needs much more care in its construction. The DPA is designed where Donors cannot sign the document themselves and need guidance from someone outside the family unit. Further information can be obtained from this firm.