Lasting Powers of Attorney – your questions answered

Planning for the future isn’t always easy, but one of the most important steps you can take is to put a Lasting Power of Attorney (LPA) in place.

Whether you’re thinking ahead for yourself or helping a loved one, understanding how LPAs work is essential. They’re as important as having a will in place.

In this article, we answer some of the most commonly asked questions about LPAs—what they are, how they work, and why they matter.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust—known as your attorney—to make decisions on your behalf if you’re no longer able to do so yourself.

Your attorneys must always act in your best interests.

A LPA must be registered with the Office of the Public Guardian (OPG) before they can be used by your attorneys.

What types of LPA are there?

There are two types of LPA:

Property and Financial Affairs LPA – This covers decisions about your finances, such as managing bank accounts, paying bills, collecting benefits or a pension, and even selling your home if necessary.
Health and Welfare LPA – This covers personal decisions about your medical treatment and personal care. Decisions about medical treatment can include simply matters – such as a flu jab – to serious matters – such as whether to give you life sustaining medical treatment. Decisions about your personal care can include where you live and what your diet and routine might be.

Who should I appoint as my attorney?

You can choose one or more people to act as your attorneys. Your attorneys don’t need special legal knowledge or training. Common choices include a spouse, child or friend. However, you can also appoint a professional, such as a solicitor. Whoever you choose, it’s crucial that they are:

Over 18 years old
Someone you trust implicitly
Mentally capable of making sound decisions on your behalf.

Can I have more than one attorney?

Yes. You can appoint multiple attorneys simultaneously, i.e., Person A and Person B. If you choose this option, you must decide whether the attorneys shall act:

Jointly – they must make all decisions together, or
Jointly and severally – they can make decisions separately.

Most people appoint their attorneys ‘jointly and severally’, as this means that if only one of the attorneys is available then the one remaining attorney can act. Similarly, if one of your attorneys have died or is unable or unwilling to act, the remaining attorney(s) can continue to act.

Alternatively, you can appoint multiple attorneys successively, i.e., Person A if not Person B. You can do so by appointing Person B as a replacement attorney, in case Person A dies or retires.

Do I need to list my attorneys in order?

No. If you appoint attorneys simultaneously, as above, the attorneys will have equal authority. The order they are named on the document is not an order of priority.

When does an LPA come into effect?

A Property and Financial Affairs LPA can be used as soon as it has been registered with the Office of the Public Guardian, even if you still have mental capacity. Alternatively, you can specify that the LPA can only be used if you lack the mental capacity to make a particular decision.

We tend to advise clients to pursue the former option, as this allows your attorneys to help with your finances. But if you need more than mere help, to manage your finances on your behalf and in your best interests, choose the latter.

A Health and Welfare LPA only takes effect if you lack the mental capacity to make a decision about a particular aspect of your medical treatment and personal care and/or the physical ability to communicate this decision.

Do I need a solicitor to make an LPA?

No, it’s not required, but it can be incredibly beneficial. A solicitor can:

Ensure the document is completed correctly
Provide tailored advice for complex family or financial arrangements
Help you avoid common mistakes that might make the LPA invalid.

How do I register an LPA?

LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used by your attorneys. The registration process can take around 10–16 weeks and currently costs £82 per LPA, although you may be eligible for a fee reduction or exemption based on your income or benefits.

Can I cancel or change an LPA?

Yes. You can cancel a LPA at any time before your death, provided you have the requisite mental capacity. Even if you don’t, the courts retain a jurisdiction to revoke the LPA of a mentally incapable person.

It is harder to change an existing LPA. An attorney can resign or have their appointment revoked. However, you cannot appoint new attorneys. If you want to appoint new attorneys, you must make a new LPA.

What happens if I don’t make an LPA?

If you lose mental capacity and haven’t made an LPA, your family or friends will need to apply to the Court of Protection to be appointed as your deputy. This is:

More expensive
A longer, more complicated process
Less flexible in terms of who can act on your behalf.

Moreover, the Court of Protection will only readily consider appointing a deputy for property and affairs. They will be reluctant to consider appointing a deputy for health and welfare without special circumstances, as they consider this to be too restrictive of a person’s rights and freedoms.

If you want someone to have health and welfare powers, you must make an LPA.

Having an LPA in place now means your wishes will be respected and decisions can be made without delay.

“I have been very satisfied with work undertaken for me – possibly reflected by my son and partner, who each became a client too!“

What safeguards are in place to protect me?

LPAs are designed with protection in mind. These protections include:

A requirement for a certificate provider to confirm you understand the LPA, the powers you are giving to your attorney, and that you are not being pressured or tricked into making the LPA
You can also direct that a third party be notified of the application to register your LPA with the OPG. This allows them to object to the registration of your LPA – thereby stopping the document from becoming valid – should they have any concerns as to your mental capacity or vulnerability
The Office of the Public Guardian can also investigate any reports of misuse. If they find such misuse, they can refer the matter to the Court of Protection for determination.

What is a certificate provider?

A certificate provider is someone who signs the LPA to confirm that you:

Understand what the LPA means and what it does
Haven’t been pressured or influenced into making it
Are making the LPA of your own free will
Have the mental capacity to do so at the time.

Their role is essential in preventing abuse or coercion during the LPA process.

Who can be a certificate provider?

There are two types:

1. Someone who has known you personally for at least 2 years

Examples:

A friend
A neighbour
A colleague (non-professional).

2. A professional with relevant skills or qualifications

Examples:

A GP or healthcare professional
Solicitor
Social worker
Accountant
Independent mental capacity advocate (IMCA).

Who cannot be a certificate provider?

Anyone under 18
A family member (yours or the attorney’s)
Your attorney or replacement attorney
Someone involved in your care or finances for payment
A business partner or employee of the attorney.

Final thoughts

Putting a Lasting Power of Attorney in place gives you and your loved ones peace of mind, knowing that your affairs will be managed according to your wishes if you’re unable to make decisions for yourself.

If you’re ready to set up an LPA or have further questions, our experienced team is here to guide you through the process. Contact us to discuss how we can help protect your future.

“I have no hesitation in recommending H&B to others. Every aspect of the service they have provided has been first class, not simply in the execution of a recent transaction, but also in the informal consultation and advice that has been offered on a broader range of legal issues.“

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77 North Street
Ripon
North Yorkshire HG4 1DP

Email

mail@hb-law.co.uk

Phone

01765 602156

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01765 690018