Question 1

What is a Lasting Power of Attorney (LPA)?

Accepted Answer

An LPA allows someone you trust to make decisions for you if you lose mental capacity.

Types:
• Property & Financial Affairs
• Health & Welfare

Question 2

Do I need both types of LPA?

Accepted Answer

Recommended, as each covers different decision types.

Question 3

Who can I appoint as an attorney?

Accepted Answer

Someone 18+ whom you trust. Financial attorneys must not be bankrupt.

Question 4

Can I appoint multiple attorneys?

Accepted Answer

Yes—jointly, jointly and severally, or a combination.

Question 5

What is a certificate provider?

Accepted Answer

A certificate provider confirms that you understand the LPA and are not under pressure, and that you have mental capacity.

Question 6

When does an LPA take effect?

Accepted Answer

• Property & Financial LPA: after registration (with your consent).
• Health & Welfare LPA: only when you lose capacity.

Question 7

Can I change or cancel an LPA?

Accepted Answer

Yes, if you still have mental capacity.

Question 8

Where should I store my LPA documents?

Accepted Answer

Store them securely and make sure your attorneys know how to access them.

Question 9

Who are the key parties involved in an LPA?

Accepted Answer

• Donor: The person who creates the LPA, granting authority for someone else to make decisions on their behalf.
• Attorney: The person(s) appointed by the donor to make decisions, either about their health and welfare or property and financial affairs.
• Replacement Attorney: An alternate person designated to act as an attorney if the primary attorney is unable or unwilling to do so.
• Certificate Provider: A person who confirms the donor understands the LPA and is creating it voluntarily, ensuring it's valid.
• People to be Notified: Individuals the donor chooses to inform about the creation of the LPA, ensuring transparency.

Each party plays a key role in ensuring the LPA is valid and the donor's wishes are respected when they are no longer able to make decisions for themselves.

Question 10

What happens if I lose mental capacity without an LPA?

Accepted Answer

Without an LPA in place, your loved ones will need to apply to the Court of Protection for a Deputyship Order to manage your affairs. This process is:

• Time-consuming: It can take several months to complete.
• Expensive: Court fees and legal costs can run into thousands of pounds.
• Stressful: Your family must prove to the court that they are suitable to act on your behalf.
• Restrictive: Deputies have less flexibility than attorneys and must report to the court regularly.

During this time, your bank accounts may be frozen, bills may go unpaid, and important decisions about your care may be delayed. Creating an LPA while you have mental capacity gives you control over who makes decisions for you and avoids this difficult process for your family.

Question 11

How much does it cost to register an LPA?

Accepted Answer

The Office of the Public Guardian (OPG) charges a registration fee of £92 per LPA. If you create both types of LPA (Property & Financial Affairs and Health & Welfare), you will need to pay £92 for each, totalling £184.

You may be eligible for a reduced fee or exemption if you receive certain means-tested benefits or have a low income. You can check your eligibility on the GOV.UK website when registering your LPA.

Question 12

How long does it take to register an LPA?

Accepted Answer

Once you submit your LPA to the Office of the Public Guardian (OPG), registration typically takes around 8 to 10 weeks. However, processing times can vary depending on demand.

The timeline includes:
• A 4-week waiting period for any objections from people to be notified
• Time for the OPG to check and process your application
• Possible delays if there are errors or missing information

It's important to create your LPA well in advance of when you might need it, as you cannot use an LPA until it has been registered.

Question 13

Can I make an LPA if I'm already unwell?

Accepted Answer

You can make an LPA as long as you have the mental capacity to understand what you're doing. Being unwell or having a diagnosis (such as early-stage dementia) doesn't automatically mean you lack capacity.

To create a valid LPA, you must be able to:
• Understand what an LPA is and why you're making one
• Understand the powers you're giving to your attorneys
• Appreciate the consequences of creating the LPA
• Communicate your decisions

If there's any doubt about your capacity, you may want to get a medical professional to provide a written assessment confirming you have capacity at the time of signing. The earlier you create your LPA, the less likely capacity will be questioned.

Question 14

What's the difference between an attorney and a deputy?

Accepted Answer

Both attorneys and deputies can make decisions on someone else's behalf, but there are key differences:

Attorney (via LPA):
• Chosen by you while you have mental capacity
• Appointed through a Lasting Power of Attorney
• More flexibility in decision-making
• Lower ongoing costs
• Your choice of who manages your affairs

Deputy (via Court of Protection):
• Appointed by the court after you've lost capacity
• Requires a formal court application
• Must report to the court regularly
• Higher costs (court fees, bonds, and supervision fees)
• The court decides who manages your affairs

Creating an LPA ensures you choose your own attorney rather than having a deputy appointed by the court.

Question 15

Can my attorney be a beneficiary in my Will?

Accepted Answer

Yes, your attorney can also be a beneficiary in your Will. In fact, it's very common for family members who inherit under your Will to also act as your attorneys.

However, be aware of potential conflicts of interest:
• A Property & Financial Affairs attorney manages your money while you're alive
• As a beneficiary, they may inherit what's left after you pass away
• This could create temptation to spend less on your care to preserve the estate

To manage this risk, you can:
• Appoint multiple attorneys who must act jointly
• Choose a professional attorney for financial matters
• Include specific instructions in your LPA about your care preferences
• Appoint someone independent to oversee major decisions

Most families trust their loved ones to act in their best interests, but it's worth considering these factors when choosing your attorneys.

Question 16

What is a replacement attorney and do I need one?

Accepted Answer

A replacement attorney is someone you appoint to step in if your original attorney is unable or unwilling to act. They only become active if your primary attorney:

• Dies
• Loses mental capacity themselves
• Decides they no longer want to be your attorney
• Becomes bankrupt (for Property & Financial Affairs LPA only)

Do you need one? While not legally required, appointing a replacement attorney is highly recommended because:
• It provides a backup if something happens to your primary attorney
• It avoids the need to create a new LPA or apply to the Court of Protection
• It ensures continuity in managing your affairs
• It gives you peace of mind that someone you trust will always be available

You can appoint multiple replacement attorneys and specify the order in which they should act.

Question 17

Can I have different attorneys for different LPA types?

Accepted Answer

Yes, you can appoint completely different attorneys for each type of LPA. Since Property & Financial Affairs and Health & Welfare LPAs are separate legal documents, you have full flexibility to choose:

• The same attorneys for both LPAs
• Completely different attorneys for each
• Some overlap with additional attorneys for one type

Why might you choose different attorneys?
• Financial expertise: Someone good with money for Property & Financial Affairs
• Healthcare knowledge: A family member who understands your medical wishes for Health & Welfare
• Availability: Different people may be better placed to handle different decisions
• Reducing burden: Spreading responsibilities across multiple trusted people

Consider each person's strengths and your relationship with them when deciding who should make which types of decisions for you.

LPA FAQs

Lasting Power of Attorney

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