Lasting Power of Attorney

Lasting Power of Attorney (LPA)

The Lasting Power of Attorney (LPA) in England and Wales was created under the Mental Capacity Act 2005 and replaced the former Enduring Power of Attorney (EPA).

What exactly is an LPA and why do I need one?

An LPA is a legal document giving the person or persons you trust (your attorneys) the authority to make decisions on your behalf if you become incapable of making them yourself. The LPA is prepared at a time when you are capable of making your own decisions.

How many types of LPA are there and what are the differences?

There are 2 main types:

a. Health and Welfare. This type of LPA allows you to choose the person or persons to make decisions about your healthcare and personal welfare. You can choose to include making decisions to refuse or to consent to treatment on your behalf, and deciding where you live.

b. Property and Finance. This type of LPA allows you to choose the person or persons you trust to make decisions about how you spend your money, and how your property and day to day finances are managed.

You can prepare either or both LPAs

What happens to my LPA when it is signed?

The LPA has no legal standing until it is registered with the Office of the Public Guardian (OPG). Registration can take as long as 15 weeks. Once registered, the LPA will continue to be a legal document until the donor dies.

Understanding terminology

Because LPA’s are legal documents, they will sometimes use language that is unfamiliar to you. Please click here for a brief explanation of terminology used.