Lasting Powers of Attorney

Maintain control over the decisions that matter.

A Lasting Power of Attorney can help make sure the people you trust are able to act for you if you are no longer able to make decisions yourself.

Couple discussing a lasting power of attorney with an adviser

What is a Lasting Power of Attorney?

A clear legal authority for the people you choose.

A Lasting Power of Attorney (LPA) is a legal document that enables you, as the donor, to appoint one or more attorneys to speak and act on your behalf if you become physically or mentally unable to do so. It must be completed while you have the necessary mental capacity and registered with the Office of the Public Guardian before it can be used.

Why it matters

Without an LPA, those closest to you may not be able to act.

A spouse, partner, family member or business associate does not automatically have the right to manage your affairs on your behalf — even in relation to a joint bank account. If you own property as tenants in common, both signatures can be needed to deal with the property, including remortgaging.

Without the right authority, your family or associates may need to apply to the Court of Protection for a deputyship. This can take time and the appointed deputy may not have an intimate understanding of you, your wishes or your affairs.

Types of LPA

Two forms of authority, designed for different decisions.

Property & Financial Affairs

This LPA can enable your chosen attorneys to make decisions about your money and property, including paying bills, operating bank or building society accounts, claiming benefits and pensions, and buying or selling property.

Health & Welfare

This LPA can enable your chosen attorneys to make decisions about treatment, care, medication, where you live and day-to-day matters such as diet, dress and routine.

Maintaining safeguards

Planning ahead, with important protections built in.

Registration with the OPG

An LPA must be registered with the Office of the Public Guardian before it can be used. You and your attorneys have an opportunity to raise concerns if another person attempts to register it.

Certificate and notification choices

You choose a certificate provider to confirm that you understand the purpose and significance of the LPA. You may also choose people to be told when registration is requested.

Duties of an attorney

Attorneys must follow the Mental Capacity Act 2005 Code of Practice and act in your best interests. The OPG can intervene where concerns arise and attorneys can be held accountable.

Talk through your options

Put your wishes in the hands of people you trust.

We can help you consider the appropriate powers of attorney for your personal, family and business circumstances.