Most people spend years building up their assets, savings, and property, yet very few take the simple step of protecting who controls those things if they were ever unable to do so themselves. A Lasting Power of Attorney (LPA) is one of the most important legal documents you will ever put in place, and yet it remains one of the most overlooked.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you, known as the "donor," to appoint one or more people you trust, called "attorneys," to make decisions on your behalf. It is specifically designed for use in England and Wales and comes into its own if you are ever unable to make decisions yourself due to accident, illness, or mental incapacity.
Crucially, an LPA can only be made while you still have mental capacity. Once capacity is lost, it is too late to make one, and your family could face a lengthy and expensive Court of Protection process to gain control of your affairs.
The Two Types of LPA
There are two distinct types of LPA, and each covers a completely different area of your life.
1. Property and Financial Affairs LPA
This gives your attorney the authority to manage your financial life on your behalf. This includes:
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Managing your bank and building society accounts
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Buying or selling property on your behalf
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Paying your bills and invoices
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Collecting your pension or benefits
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Dealing with HMRC and other financial bodies
This type of LPA can actually be used as soon as it is registered, even before you lose mental capacity, but only with your express permission. This makes it a practical tool even for those who simply need short-term support due to illness or being abroad.
2. Health and Welfare LPA
This covers the personal side of your life and gives your attorney the power to make decisions about:
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Your day-to-day care and living arrangements
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Medical treatment and medication
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Diet and daily routine
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Life-sustaining treatment decisions
Unlike the Financial LPA, a Health and Welfare LPA can only be used once you have lost mental capacity. It ensures that the people who know and love you, rather than medical professionals or local authorities who do not, are the ones guiding those deeply personal decisions.
Why You Should Not Wait
Many people assume that LPAs are only for the elderly. This is a common and potentially costly misconception. A sudden stroke, a serious accident, or an unexpected diagnosis can affect anyone at any age. Without an LPA in place, your family has no legal authority to act on your behalf, no matter how close they are to you.
Setting up both types of LPA at the same time is strongly recommended. Each LPA currently costs £82 to register with the Office of the Public Guardian, making the total £164 for both. Compared to the thousands it can cost to apply to the Court of Protection if no LPA exists, this is a small investment for enormous peace of mind.
The Registration Process
Making an LPA involves more than simply filling in a form. The process requires:
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Choosing your attorney(s), who must be adults you genuinely trust
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Appointing a certificate provider, who confirms you are making the LPA freely and with full understanding
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Having the document signed by you, your attorney(s), and witnesses
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Submitting the completed forms to the Office of the Public Guardian for registration
Registration currently takes approximately 8 to 10 weeks if there are no errors in the application. This is why it is so important to get professional guidance when preparing the forms, as even minor mistakes can cause significant delays.
How Genesis Estate Planning Can Help
At Genesis Estate Planning, we guide you through every step of the LPA process, from choosing the right attorneys to ensuring your forms are completed correctly and submitted without delay. We take the complexity out of the process so you can focus on what matters most: knowing your future is protected and your wishes will be respected.
Get in touch with us today to arrange your free initial consultation.
This blog is for general information purposes only and does not constitute legal advice. For advice tailored to your personal circumstances, please contact Genesis Estate Planning directly.