Anyone over the age of 18 that has mental capacity.
Make sure someone you trust can make decisions on your behalf, no matter what happens.
Protect your interests with a Lasting Power of Attorney
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document allowing you (the donor) to appoint one or more people you trust to make decisions or act on your behalf if you lose mental or physical capacity. The people you choose to appoint are known as attorneys and must always act in your best interests.
There are two types of Lasting Power of Attorney:
- Property and Financial Affairs.
- Health and Welfare.
We'll handle everything from start to finish
Our fully supported service makes LPAs as easy as 1, 2, 3...
1
Step 1
Speak with our consultants, who will discuss your options and take your Lasting Power of Attorney instructions.
2
Step 2
Our legal team prepares your documents and returns them to the necessary people for signing.
3
Step 3
Your signed documents are then sent to the Office of the Public Guardian (OPG) for registration.
Why do I need a Lasting Power of Attorney?
Many people assume their loved ones will automatically have the authority to make decisions on their behalf, yet this is often not the case. Your spouse, partner or children might need a registered Lasting Power of Attorney to access your bank accounts or make decisions about your health.
Here are some of the reasons it is essential to consider making a Lasting Power of Attorney.
Avoiding court proceedings
If no Lasting Power of Attorney is in place and you become incapacitated, your loved ones must apply to the Court of Protection for deputyship. The courts will then decide if they can make decisions on your behalf. This process takes much longer and is significantly more expensive than setting up an LPA.
Peace of mind
Knowing that your loved ones can make important decisions, such as paying your bills, can provide reassurance that your finances and personal welfare will be taken care of, no matter what happens.
Control
When creating a Lasting Power of Attorney, you decide who can make decisions and what decisions they can make. You can even make an LPA temporary or cancel one later if you wish.
Convenience
A Lasting Power of Attorney can also be used for help even when you still have mental capacity. If you live abroad, you might want someone to help manage your property or investments in the UK.
Which LPA is right for you?
Compare the two different types of LPA and decide which is right for you - you might even want both.
Property & Financial
Give your loved ones the power to manage your property and finances when you no longer can.
Ideal for...
- Buying, selling or maintaining properties.
- Managing bank accounts or investments.
- Paying your bills and collecting your pension or benefits.
- Making gifts on your behalf.
Health & Welfare
Give your loved ones the power to manage your health and wellbeing when you need it the most.
Ideal for...
- Deciding where you live, for example, at home or in a care home.
- Accepting or refusing life-sustaining treatment according to your wishes.
- Managing your daily routine, such as medicines, diet and clothes.
FAQ
Mental capacity refers to the capability to make or communicate decisions when they need to be made. To have mental capacity means you can understand the decisions you make, why you need to make them and the consequences of those decisions.
Whilst you have capacity, your attorneys must act on your instructions, and you can cancel your Lasting Power of Attorney at any time. Also, your attorneys must always act in your best interest and include you as much as possible in the decision-making process. You can also decide which decisions they can and cannot make.
You can have between one and four attorneys. We always recommend having at least two so that if one passes or moves away, you do not need to create new documents.
You can nominate anyone you like when making your Lasting Power of Attorney as long as they are over 18. Most people choose family members or close friends, but you can also nominate professionals.
The choice is yours. You might want them to work together before making significant decisions, but they can operate independently for minor decisions.
Enduring Powers of Attorney were replaced by Lasting Powers of Attorney in 2007 because they were open to abuse. If you have an EPA made before 1 October 2007, it will still be valid.
Updating to an LPA has several advantages and is far more secure.
If you have the mental capacity, you can send the original LPA and a Deed of Revocation to the OPG. Please check the Gov page on ending your Lasting Power of Attorney for more guidance.
As early as possible. LPAs can take up to 20 weeks to register with the OPG and must be made whilst you have mental capacity.
We also advise considering LPAs when using our home visit Wills or online Wills services.
Lasting Powers of Attorney can take up to 20 weeks to register with the OPG as long as there are no mistakes. Around one in twenty applications are rejected because of minor errors and require a £41 fee to resubmit an application.
With our fully supported service, we take care of everything from start to finish.
If the LPA was registered after 17 July 2016, you can authorise people or organisations to view an LPA online. This online service can be accessed on the Gov website.
If the LPA was registered after 1 January 2016, you can request access to the online service. You will need the LPA reference number.
If the LPA was registered before 1 January 2016, you must present the original paper document to the people or organisations instead.
Why choose ELM?
We are committed to protecting your loved ones and hard-earned assets by offering straightforward and cost-effective solutions to your needs.
With our legal team's experience in the Wills, Estate Planning, and Probate sectors, we have established ourselves as a trusted and leading provider of Will Writing services in the UK.
We are specialists
We are a specialist Will Writing, Probate & Trusts company. This is all that we do. As a result, we're able to provide the highest quality service possible - something that is reflected in our fantastic customer reviews.
Over 20+ years experience
ELM was established in 2000 and has been providing a professional and reliable service ever since. We are members of the Institute of Professional Will Writers and our in-house training development plan means all our employees achieve industry-recognised qualifications.
We have helped over 30,000 people
We have helped over 30,000 people to complete their Wills, leaving them safe in the knowledge that their family’s interests have been properly protected.
Free no-obligation enquiries
Because everyone's circumstances are different, we offer free no-obligation enquiries, ensuring you get a personalised service that meets your specific needs.
What our clients say
We take the drama out of making an LPA, but don't just take our word for it...
Make an enquiry
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