Planning ahead is one of the most important steps you can take to protect yourself and your loved ones. Yet many people overlook one crucial element – setting up a Lasting Power of Attorney (LPA). In England and Wales, an LPA allows you to appoint someone you trust to make decisions on your behalf if you’re ever unable to do so.
At Belcher Addison, we regularly help clients understand and set up LPAs to ensure their wishes are respected, whatever the future holds.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document created under the Mental Capacity Act 2005 that gives someone (known as your “attorney”) the authority to make decisions on your behalf if you lose mental capacity or choose to delegate certain decisions.
There are two types of LPA:
- Property and Financial Affairs LPA – enables your attorney to manage your finances, including paying bills, managing bank accounts, or selling property.
- Health and Welfare LPA – covers decisions about your healthcare, living arrangements, and daily welfare, but can only be used once you’ve lost capacity.
Without an LPA, your family may need to apply to the Court of Protection for a deputyship order, which is often more time-consuming, stressful, and costly.
Why is it important to set up an LPA?
Many people assume LPAs are only necessary later in life, but mental or physical incapacity can happen at any age. Having an LPA in place provides peace of mind, knowing your affairs will be handled by someone you trust.
Key benefits include:
- Control and choice: You decide who acts for you and under what circumstances.
- Avoiding delay and cost: Without an LPA, the process of appointing a deputy through the Court of Protection can take months.
- Protection against disputes: Clear legal authority helps prevent family disagreements or confusion.
- Reassurance for loved ones: Family members know your preferences and can act confidently on your behalf.
How to set up an LPA
Setting up an LPA involves completing the relevant forms and registering them with the Office of the Public Guardian (OPG). The process requires careful consideration and formal witnessing to ensure the document is valid and enforceable.
The key steps are:
- Choose your attorneys – ideally people you trust completely, such as a close family member or friend.
- Complete the LPA forms – available online or with the support of a solicitor.
- Have the LPA certified – a certificate provider must confirm that you understand the document and are not under undue pressure.
- Register the LPA with the OPG – a necessary step before it can be used.
You can create both types of LPA at the same time, ensuring full protection over your personal and financial affairs.
When to review or update your LPA
It’s a good idea to review your LPA regularly, especially if:
- Your relationship with your attorney changes
- Your financial circumstances change
- You move home or remarry
If an existing LPA no longer reflects your wishes, you can revoke and replace it at any time, provided you still have mental capacity.
Expert guidance and peace of mind
Creating an LPA is a proactive way to safeguard your future and reduce uncertainty for those closest to you. At Belcher Addison, we take the time to explain each step clearly and ensure your LPA fully reflects your intentions.
Whether you’re planning ahead for yourself or supporting a loved one, our experienced private client team can help you draft, register, and manage your Lasting Power of Attorney with confidence and care.
Learn more by contacting our Private Client team to arrange a confidential consultation.
