How to get lasting power of attorney - all you need to know
Taking steps to set up a lasting power of attorney (LPA) for a loved one can feel like an emotional and daunting task, but it’s one of the most important things you can do for their future. A power of attorney ensures that their wishes are honoured and that someone they trust can step in when they’re unable to make decisions themselves anymore. In this guide, we outline the types of LPA’s and walk you through the process of obtaining an LPA providing reassurance and practical advice.
The two types of lasting power of attorney
There are two types of LPA, and you have the ability to set up more than one should you wish.
Health and welfare: The health and welfare LPA gives the attorney the legal right to make decisions on personal welfare and healthcare. This includes medical care, daily living arrangements, and general well-being.
Property and financial affairs: The property and financial affairs LPA allows the chosen attorney to manage the financial and property affairs of an individual. The attorney is able to make decisions regarding bank accounts, selling property and managing bank accounts or other investments.
Understanding lasting power of attorney
LPA is a legal tool that provides trusted individuals (attorneys) the authority to act on behalf of an individual. It ensures their voice is heard and wishes are granted, even if they can no longer make and / or communicate their decisions themselves. By appointing a power of attorney, your loved one can protect their interests and maintain a sense of control, knowing their wishes will continue to be fulfilled.
The authority granted through a LPA can be as broad or as specific as needed, depending on the individual's wishes. They retain full control over what responsibilities the attorney is allowed to handle, whether it’s something specific like managing a family estate or broader authority over finances and later life healthcare decisions. This flexibility allows your loved one to set clear boundaries and conditions, ensuring the arrangement feels safe and comfortable for them.
Why it matters
Without power of attorney, families can face challenging legal barriers should a family member become unable to manage their own affairs. Taking action early can prevent this from happening and offers peace of mind to all involved.
When to arrange lasting power of attorney
The process for establishing LPA can take upwards of 20 weeks, so it’s always best to plan ahead. Whilst it’s a difficult conversation to have, setting up power of attorney whilst your loved one still has mental capacity ensures their wishes are legally documented and prevents issues arising further down the line. Early discussions can ensure you’re all on the same page regarding how and when you want power of attorney to be given and used, adding peace of mind for all involved.
You may think of waiting until there’s a clear decline in mental capacity before starting the process. However, this could potentially lead to complications or delays. Depending on the rate of decline and your loved one’s mental capacity, you might be required to appeal to a court of protection to obtain LPA instead, which can be both a time-consuming and costly process. Having an honest and open conversation sooner rather than later allows everyone to be well prepared.
How to obtain lasting power of attorney
The LPA process may seem daunting at first, but breaking it down into manageable steps can help it feel less overwhelming. We’ve put together a step-by-step guide, with each step designed to ensure your loved one’s wishes are respected whilst providing peace of mind for the family.
Start the conversation
This is often the hardest part, but approaching the topic gently and with compassion is key. Reassure your loved one that this isn’t about taking control, but rather ensuring their wishes are respected.
Decide on the type of lasting power of attorney
Talk through the two types of LPA with your loved one - property and financial affairs, and health and welfare. Depending on their needs, they might opt for one or for both. It’s important to explain how these arrangements will support them in the different areas of their life.
Appoint the right people
Help your loved one choose a suitable and trusted attorney who can handle financial or health decisions responsibly. This could be a family member, close friend, or even a trusted solicitor. Encourage open discussions about these choices.
Complete the necessary paperwork
Obtain the appropriate lasting power of attorney forms from the Office of the Public Guardian (OPG). The forms for property and financial affairs and health and welfare are separate. To complete these forms, you will need to provide details on the person creating the LPA, the appointed attorney, and any specific instructions or restrictions you would like documented.
Along with the LPA forms, you must also complete a registration form provided by the OPG. This again includes details on the individual, attorney, and any additional instructions provided.
All required forms can be found on the government website - https://www.gov.uk/power-of-attorney
Register the power of attorney
The final step is to register the completed forms with the OPG. This makes the power of attorney official and ready to use when required. Whilst there’s a fee for this (£82, at time of writing), reductions or exemptions may apply for those on low incomes.
To register your LPA, you must send off your completed forms to the OPG at the following address - Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.
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