Powers of Attorney Service

A lasting power of attorney (LPA) differs from an ordinary power of attorney because it allows someone to look after your personal welfare in addition to managing your property and financial affairs. This type of power of attorney may be the type you need if you think you may lose mental capacity at some time in the future. There are two different types of LPA – one that gives someone the ability to manage your property and financial affairs, and another that allows them to make decisions for your personal welfare.

A property and financial affairs LPA can give someone the authority to manage affairs relating to banking, buying or selling property, benefits, tax, debts and legal matters. A personal welfare LPA on the other hand allows them to manage and make decisions about your day-to-day care, the health treatment you receive, where you live and who you can have contact with.

You can make one type of LPA or the other, or both at the same time, depending on your circumstances.

To make a lasting power of attorney you can use a form available online. You print out the forms and fill them in, then your attorney and witnesses will have to sign it when it’s finished. Once the form is ready, you must register your LPA by sending it to the Office of the Public Guardian. You can also complete your form and register it online.

What if you haven’t set up an LPA?

If you lose mental capacity either temporarily or permanently, you can no longer make a power of attorney. Things that may cause a lack of mental capacity include dementia, stroke or other illnesses or disabilities, as well as alcohol or drug misuse. In this case, someone who could make decisions for you would have to apply to the Court of Protection to act on your behalf.