How to make a lasting power of attorney (LPA)

A lasting power of attorney must be made whilst you still have mental capacity to make decisions for yourself. You will need to consider who will make decisions for you should you be unable to do so yourself. The person or persons whom you choose are called attorneys.

You will need to consider which type of lasting power of attorney you need:

You will then need to complete a form; there is one for the property & affairs lasting power of attorney and a different one for the health & welfare lasting power of attorney. The forms must be completed very carefully to avoid them being rejected by the Office of the Public Guardian when they are registered.

You can give your attorneys a general power to manage all your affairs or limit their authority to specific matters. You can also place conditions and restrictions on your attorneys which they must comply with or you can give them guidance that they must take account of but do not necessarily have to follow.

As a safeguard you can nominate persons who must be notified when the lasting power of attorney is registered. It is worth remembering that your attorneys cannot use the lasting power of attorney until it has been registered. Nominating persons who must be notified of the registration process is an important safeguard because if you lack capacity then they can raise any concerns directly with the Office of the Public Guardian.

For anything further, one of our specialists would be delighted to meet you either in our office or in your own home to talk through your requirements and answer any questions. Please contact us at any time.