Guide to making an LPA
Watch our short video about making LPA’s
If you lose mental capacity, for example in an accident, your loved ones will need to apply through court to become a “deputy”, to have the authority to manage your affairs. This can be a long and lengthy process. You can avoid this situation by putting in place a Lasting Power of Attorney (LPA) which is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and can’t make your own decisions (you ‘lack mental capacity’). You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA.
There are 2 types of LPA:
• health and welfare
• property and financial affairs
You can choose to make one type or both but it is recommended that you make both.
Health and welfare lasting power of attorney
You can use this LPA to give an attorney the power to make decisions about things like:
• your daily routine, for example washing, dressing, eating
• medical care
• moving into a care home
• life-sustaining treatment
It can only be used when you’re unable to make your own decisions.
One very important decision has its own section in a health and care LPA. You can choose whether your attorneys or your doctors should make decisions about accepting or refusing medical treatment to keep you alive, if you can’t make or understand that decision yourself.
Property and financial affairs lasting power of attorney
You can use this LPA to give an attorney the power to make decisions about money and property for you, for example:
• managing a bank or building society account
• paying bills
• collecting benefits or a pension
• selling your home
It can be used as soon as it’s registered, with your permission.
You choose whether your attorneys can act for you as soon as the LPA is registered or only if you can no longer understand and make decisions
You don’t have to own your own home or have a lot of money to make an LPA for financial decisions. For example, if it’s hard to manage your bank account or bills alone, you may want someone to help.
You don’t have to have complex health or care problems to make an LPA. It’s a way of planning for your care in case you can’t make decisions for yourself in future.
