Lasting Powers of Attorney - Questions and Answers

Q: What is a Lasting Power of Attorney (LPA)?

A: A Lasting Power of Attorney is a legal document which appoints one or more trusted people to act for you either in managing your financial affairs (a property and financial affairs LPA) or in making decisions regarding health and social care (a health and welfare LPA).

Q: How does an LPA differ from an Enduring Power of Attorney (EPA)?

A: Enduring Powers of Attorney were restricted to financial matters and have been replaced by the property and financial affairs LPA.

Q: I have an EPA – is it still valid?

A: As long as you and your attorneys all signed the EPA before 1 October 2007, your EPA will remain valid.

Q: Who can make an LPA?

A: Anyone who is over 18 and has mental capacity to do so.

Q: When can an LPA be used?

A: The property and financial affairs LPA is valid whilst you have mental capacity (unless the document restricts it) but the health and welfare LPA can be used only if you lose capacity to make decisions about your medical treatment and personal welfare.

Q: What happens if I don’t have an LPA?

A: If you do not have an EPA or LPA and you lose mental capacity, the Court of Protection will appoint a deputy to act on your behalf. The court will decide who should act and the deputy will be supervised by the court.

Q: Who can act as my attorney?

A: You can appoint one or more attorneys. Attorneys must be over 18, have mental capacity and, in the case of a financial affairs LPA, must not be bankrupt. Attorneys need to understand and observe the provisions of the Mental Capacity Act 2005 including its Code of Practice.

Q: What can my attorney do for me?

A: A property and financial affairs LPA allows your attorney to:

• buy or sell land or buildings you own, including your home;
• operate your bank/building society accounts;
• pay bills;
• make investments; and
• deal with your tax affairs and claim benefits.

A health and welfare LPA gives your attorney power to make decisions about:

• where you live, your day-to-day care;
• who you have contact with;
• your personal correspondence and papers; and
• your diet and dress.

You must also declare whether or not you wish your attorney to have power to give or refuse consent to life-sustaining treatment.

Q: When is it worth making an LPA?

A: It is worth making an LPA at any time but particularly if you wish to have control over who will act for you in the event of your mental incapacity, either in dealing with your financial affairs or in making decisions regarding your medical treatment and care. An ordinary power of attorney will fail in these circumstances.

Q: How do I make an LPA?

A: An LPA is a very powerful document and there are a great number of issues to consider when making one. An LPA will not be valid unless a certificate has been provided stating that you understand the purpose of the power and scope of its authority and that no fraud or undue pressure is involved. It is important to take professional advice about an LPA. The team at TLT can provide that professional advice but also the certificate that the law says must be provided.