Lasting Powers of Attorney (LPA) in England and Wales – What You Need to Know
Planning for the future isn’t always the easiest conversation to have, but it is one of the most important. A Lasting Power of Attorney (LPA) is a legal document that allows you to choose people you trust to make decisions on your behalf if there ever comes a time when you’re unable to do so yourself.
In England and Wales*, there are two types of Lasting Powers of Attorney, and each plays a very different, but equally important, role.
The Two Types of Lasting Power of Attorney
1. Health and Welfare Lasting Power of Attorney (England and Wales*)
A Health and Welfare LPA allows your appointed attorney(s) to make decisions about your personal wellbeing if you lose mental capacity.
This can include decisions about:
- Life-sustaining treatment
- Medication (in consultation with medical professionals)
- Day-to-day care and support
- Diet and living arrangements
This type of LPA ensures that the people who know you best are the ones helping to guide important health and care decisions, rather than leaving these choices to professionals who may not know your wishes.
2. Property and Financial Affairs Lasting Power of Attorney (England and Wales*)
A Property and Financial Affairs LPA is often considered the most practical and essential document to have in place.
It gives your attorney(s) the authority to:
- Buy or sell property on your behalf
- Manage bank accounts and finances
- Pay bills and invoices
- Deal with HMRC and other tax authorities
- Handle general financial administration
This LPA can be used during your lifetime and is particularly important if you become physically or mentally unable to manage your own affairs, even temporarily.
When Can a Lasting Power of Attorney Be Used?
LPAs are designed to be used during the donor’s lifetime only.
You (the donor) can:
- Appoint up to four attorneys
- Appoint up to four replacement attorneys
- Decide whether attorneys act jointly (together) or jointly and severally (together or independently)
It’s essential to choose people you trust implicitly. Most people appoint close family members or trusted friends, and it’s generally advisable that attorneys are younger than the donor.
Important Things to Know About Lasting Powers of Attorney
- LPAs are used in England and Wales only*
- They are generally not recognised abroad
- They only apply while the donor is alive (they are different from a Will)
Because of this, LPAs are particularly important for anyone with assets, property, or ongoing responsibilities in England and Wales.
Registering a Lasting Power of Attorney with the Office of the Public Guardian
Once the LPA has been completed and signed by:
- The donor
- The Certificate Provider
- The appointed attorney(s)
…it must be sent to the Office of the Public Guardian (OPG) for registration.
- The current registration fee is £92 per document
- Registration takes approximately three months
An LPA cannot be used until it has been officially registered, so it’s wise to plan well ahead rather than wait for an emergency.
Do You Need a Lasting Power of Attorney?
An LPA is about peace of mind. Knowing that if the unexpected happens, the right people are legally empowered to support you and protect your interests.
If you would like to discuss setting up a Lasting Power of Attorney or need guidance on which option is right for you, please contact us and we’ll be happy to help.
*please note this article only relates to England and Wales. Scotland, Eire and Northern Ireland have different requirements.
