LASTING
POWERS OF ATTORNEY
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people (attorneys) to make decisions on your behalf, should you lose the mental capacity to do so in the future or if you would like assistance in dealing with your affairs. There are two types of LPA: Property and Finance, and Health and Welfare.
Why do you need an LPA?
An LPA protects you if you have an accident or illness which causes you to suddenly lose your mental capacity.
There are 1.3 million stroke survivors in the UK. Many people are left mentally incapacitated for months, some for life. Over 1 million people are living with dementia in the UK. Over the last decade, dementia has become all too common, both vascular dementia and Alzheimer’s disease. In addition, strokes, head injuries and long Covid-19 have all left many people with a loss of mental capacity.
These are situations when you need the protection of an LPA, particularly if you have children under the age of 18 who require care while you recover.
Discover the different types of LPAs
FAQs
Does the LPA need to be registered?
- All LPAs must be registered at the Office of the Public Guardian (OPG) before they can be used. The OPG is a government body that is responsible for the registration of LPAs.
Do I need mental capacity to make an LPA?
You must have the mental capacity to create an LPA. This means that you must be able to understand:
- The effect of the LPA
- Who the attorneys are and why you have chosen the attorneys
- The powers the attorneys have and when they are able to exercise those powers
- Details of your assets
- The pros and cons of executing the particular LPA and of not doing so.
What if I need a Power of Attorney for someone who doesn't have capacity?
You cannot apply for an LPA for a person who does not have mental capacity. You can however apply for a deputyship.
Take a look at our Deputyship page for further information here
Do I appoint the same person for both LPAs?
- You can choose to make both types or just one. You can appoint the same person to be your attorney for both, or you can have different attorneys.
Can you still make an LPA if you have early stage dementia?
You can still make an LPA as long as you have mental capacity. Make an LPA with us as soon as possible before it is too late.
What can your Attorneys do with a Health and Welfare LPA?
– Give or refuse consent to health care.
– Allow you to stay in your own home and receive support from Social Services.
– Move into residential care and find a good care home.
– Decide day to day matters such as your diet, dress or daily routine.
– Make decisions about accepting or refusing medical treatment to keep you alive.
– Make decisions about palliative care. You are however able to include preferences if you wish which may restrict or expand upon those powers.
What can your attorneys do with a Property and Finance LPA?
– Buy or sell property.
– Open, close or operate any bank, building society or other accounts.
– Have access to your financial information, claiming/receiving and using on your behalf (all benefit pensions allowances and rebates).
-Receive any income, inheritance or other entitlement on your behalf.
– Deal with your tax affairs.
– Pay your mortgage, rent or other household expenses.
-Insure, maintain and repair your property.
-Invest your savings.
– Make some gifts on your behalf.
– Pay for private medical care, residential care or nursing home fees.
– Apply for funding for NHS care, social care or adaptations
If I already have a Financial LPA, do I still need a Business LPA?
A general Financial LPA can, in theory, cover your business affairs. However, it may not be suitable to have the same person handling both personal and commercial matters. Someone appropriate to manage your household finances (such as a spouse or relative) may not have the necessary expertise or impartiality to make sound business decisions. There is also the potential for a conflict of interest. It is often better to have a separate BLPA with a dedicated attorney who understands your business and can act independently.
Property and Finance Power of Attorney
A Property and Finance LPA allows your chosen attorney to manage your finances and property if you lose mental capacity.
With your permission, it can also be used as soon as it’s registered — which is often the most practical option.
Even if you’re still able to make decisions yourself, your attorney can help in situations such as:
Being abroad or away on holiday
Physical difficulties that make it hard to visit the bank, sign documents, or make calls
This flexibility ensures you get the support you need, when you need it.
Health and Welfare Power of Attorney
A Health and Welfare LPA allows your chosen attorney to make decisions about your health, care, and daily living — but only if you lose the ability to make those decisions yourself.
This includes choices about:
Medical treatment
Where you live and how you’re cared for
Your daily routine, such as meals and personal care
It gives you peace of mind knowing someone you trust can speak up for you when you’re unable to do so yourself.
Business Lasting Power of Attorney
A Business LPA allows you to appoint someone you trust to make decisions and manage your business affairs if you’re unable to do so yourself.
This could cover:
Signing contracts
Managing business finances
Overseeing operations in your absence
It’s especially useful if you become ill, have an accident, or are temporarily unavailable — ensuring your business continues to run smoothly without disruption.