Lasting power of attorney. Don't leave it too late to set one up.

Frequently asked questions

What's a lasting power of attorney?

An LPA is a legal document that lets you choose people you trust to act on your behalf. If anything happens in the future that means you can’t make important decisions, such as losing capacity, they’ll be able to act with your best interests at heart. 

There are two different types of LPA: 

1. Property and Financial LPA – this covers decisions about your home and how your money is managed

2. Health and Welfare LPA – this covers decisions about your health, lifestyle and medical treatments

What’s the difference between a will and an LPA?

Your will sets out what you want to happen to your accounts and property after you die, and it also appoints executors to take responsibility for those things for you.

An LPA sets out the instructions you want people to follow while you’re still alive, in case you can’t make decisions for yourself. These people are called your “attorneys”.

What does ‘mental capacity’ mean?

It means being able to understand and make decisions for yourself. You can lose it any point — through illness, an accident or conditions like dementia. The important thing to know is that you can only set up an LPA while you still have mental capacity. 

When should I set up an LPA?

Capacity can be lost at any age and without warning. Once it’s gone, you can no longer make an LPA and your family would have to go through the Court of Protection instead, which can be a lengthy and costly process. Getting it sorted while you’re well gives everyone peace of mind. 

Who can be my attorney?

Anyone over 18 you trust completely to have your best interests at heart — a partner, family member or close friend. You can appoint up to four attorneys, as well as replacement attorneys who step in if your original choices can’t act. Most people choose two attorneys with one or two backups – but it’s entirely up to you. 

You can use the same attorneys for both types of LPA, or choose different people for each. Some people prefer this if they feel certain decisions are better suited to particular individuals.  

What happens if I don’t have an LPA?

If you have an accident or illness that means you can’t look after your affairs anymore, your next of kin can’t automatically make decisions for you unless you have an LPA. 

If someone needs to step in and you don’t have one in place, your family would usually need to apply to the Court of Protection to become a deputy. This can take months and can be a costly legal process, often costing over £1,000.