Lasting power of attorney in Leicester

A lasting power of attorney (LPA) is a legal document that lets you choose one or more people (your attorneys) to make decisions for you if you become unable to make them yourself, or, for financial matters, whenever you’d like help.

Two types

• Property and financial affairs. Covers things like paying bills, managing bank accounts, dealing with investments and selling your home. You can allow it to be used while you still have capacity, which many people find useful.
• Health and welfare. Covers decisions about your care, where you live, medical treatment and, if you choose, life-sustaining treatment. It can only be used once you lack capacity to make the decision yourself.

Making and registering an LPA

You choose your attorneys and decide whether they must act together or can act separately. A certificate provider confirms you understand the LPA and aren’t under pressure. The LPA must then be registered with the Office of the Public Guardian before it can be used, and a registration fee is payable. The process is being moved online, so check the current requirements on GOV.UK.

What happens without one

If you lose capacity without an LPA, nobody has automatic authority to manage your finances, not even your spouse for accounts in your sole name. Your family would need to apply to the Court of Protection to be appointed as your deputy. That takes months, costs more, and deputies are supervised and must file annual reports.

Choosing attorneys

Pick people you trust, who are organised and likely to be around for the long term. Appointing more than one attorney, or naming replacements, protects against someone becoming unable to act. Attorneys must act in your best interests and keep your money separate from their own.

Business owners

If you own a business, think about a separate business LPA, so that someone can keep the business running without having authority over your personal affairs.

Common questions