Protect your future by making an LPA

What happens if you become incapacitated and unable to make decisions for yourself? Making a Lasting Power of Attorney (LPA) can help you take control of your own future should anything happen to you, by letting you determine who is able to make decisions on your behalf.

Select the type of LPA which best suits your needs

Financial LPA

Make plans for how your finances can be used by your appointed attorney(s).

 

Health and Welfare LPA

Use your LPA to determine how you’re cared for medically, and who provides your personal care.

 
FINANCIAL LPA

Safeguard your finances with an airtight LPA

If the day ever comes where you’re not able to make decisions for yourself, an LPA is vital determining how your finances can and can’t be used.

A financial LPA can cover things such as:

  • Decisions on selling and buying property
  • Managing bank, building society accounts and other finances
  • Collecting any benefits or tax credits
  • Dealing with any debts

Making an LPA gives you the power to elect someone you trust to deal with your finances should you become unable to do so yourself, rather than leaving it in the hands of the legal system.

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The LPA doesn’t have to cover all of your finances. If you’d like to only give someone power over certain aspects of your finances, such as certain bank accounts or property, this can be stated within the document itself.

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The LPA doesn’t have to cover all of your finances. If you’d like to only give someone power over certain aspects of your finances, such as certain bank accounts or property, this can be stated within the document itself.

Health and Welfare LPA

Take care of your health by getting an LPA

If your health deteriorates and you’re unable to make decisions for yourself anymore, a Health and Care LPA means you can put any health decisions in the hands of someone you can rely on.

A Health and Welfare LPA can cover things such as:

  • What medical care you receive
  • Who provides your personal care and what this entails
  • The contact allowed with you by certain people
  • Any decision around life-sustaining treatments

An LPA can help you put your future in the hands of someone you trust, so they can help you when you’re not in a position to help yourself.

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Unlike a financial LPA, a Health and Care LPA can only be implemented should the person named in the document lose their mental capacity. It is possible however to segregate each aspect of your care and make individual arrangements if you wish.

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Unlike a financial LPA, a Health and Care LPA can only be implemented should the person named in the document lose their mental capacity. It is possible however to segregate each aspect of your care and make individual arrangements if you wish.

Who can I appoint as my attorney?

It is possible to nominate more than one attorney if you wish. This is useful in the event that your preferred option in unable to undertake the responsibility at that time, or you wish to split the responsibilities. Any attorney appointed must meet the following criteria:

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They must be at least 18 years of age.

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They can be a family member, friend or professional acting on your behalf.

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They can not be either in undischarged or interim bankruptcy if they are to be named on a financial LPA.

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You must be confident that they have the ability to make these decisions for you.

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If you are naming more than one attorney to act in unison on the same LPA, it’s imperative that they have a good relationship and will not encounter any friction in carrying out your wishes.

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You must have had a prior discussion with them before naming them as your attorney, and be sure they understand the responsibilities involved.

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They will need to sign the LPA, officially accepting their role and responsibilities outlined in the document.

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The document must include each attorney’s the full name, address, date of birth, contact telephone number and email address.

Do I need an LPA if I’m married?

family

Most people assume that if they have a spouse, they would automatically be given authority to deal with your finances and make decisions regarding your healthcare should you not be in a position to do so. This isn’t the case however, and can cause additional undue stress should you be unable to deal with your affairs personally.

Having an LPA in place with ensure that should you need your spouse to step in on your behalf, they will be able to do so. This will give them official authority and make handling your affairs much easier should the situation arise.

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Why use our Professional LPA Service?

assets

You’d like to protect and control your assets.

inheritance

You’d like to protect your estate from tax charges.

health

You have an illness which may prevent you from managing your assets personally.

business

You own a business or hold any assets overseas.

family

To ensure family or friends are authorised to manage your assets should you be unable to.

trusts

You’d like to ensure your family is protected should anything happen to you.

In what situations might I need an LPA?

A bespoke will can include any clauses about how your estate can be divided should your circumstances change, and gives you the ability to express more complex wishes in how you would like your estate to be divided.

Case One

Peter owns his own business and has both a joint business account with his wife, Sally, as well as his own personal bank account. Peter is unexpectedly taken ill and is out of action in hospital for an undetermined amount of time.

Whilst some of his affairs relating to the business can be taken care of, such as the general day to day running of the office, the financial side requires someone to act in his place. Also his personal debts and bank accounts need to be managed whilst he is unable to do so himself.

As Sally is his legal spouse, she contacts his bank and other companies he deals with and tries to act on his behalf, attempting to monitor access his finances. She is refused access to his accounts, even though she is his wife. Sally assumed that since they were legally married, she would be naturally have permission to act on his behalf upon proving he is unable to do so himself.

How would an LPA help Peter?

If Peter had created a Financial Lasting Power of Attorney and named his wife as his attorney, she would have been able to activate the LPA when Peter became incapacitated. This would have given her legal documentation to request access and managerial rights over Peter’s accounts, including his banks and other accounts including utilities, creditors and businesses. Once Peter was better, the LPA can be revoked to allow him to take back control.

Case Two

Helen is a widower with three children. Although she has contact with them all, she is closest to her best friend Georgina. Helen is devastated to discover she has a degenerative illness and has often discussed with her how she would like to be cared for in the future, should she be unable to look after herself.

However, when her illness finally takes away her ability to communicate, she is taken into a home. As Helen has no surviving spouse, her children are her next of kin and they make all of the decisions about her care. Georgina has tried several times to communicate Helen’s wishes to the children but they are not receptive and continue to argue amongst themselves about how to deal with Helen’s care causing a lot of tension and upset.

How would an LPA help Helen?

If Helen had discussed creating a Lasting Power of Attorney with her friend Georgina, she could have formalised their agreement that Georgina would be in charge of making decisions on Helen’s care should she be unable to do so herself. This would have superseded her children’s automatic roles as decision makers, being Helen’s only surviving next of kins and would have ensured that her wishes were observed, and avoided any upset within the family.

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Questions

  • No, an attorney can be anyone who meets the criteria outlined on our page here.

  • In normal circumstances, any spouse named as an attorney in an LPA will lose their position if a marriage is dissolved. It is possible however to include a clause in your LPA which will allow your spouse to continue acting as your attorney if you would like them to.

  • Generally, your LPA will only be recognised in the jurisdiction where it was created. For example, an LPA created in England and Wales may not be recognised in Scotland or Northern Ireland. It will depend entirely on the person you are presenting it to outside of the jurisdiction as to whether they choose to act upon it or not.

  • As soon as you receive confirmation that it has been officially registered with the Office of the Public Guardian (OPG).

  • No. If there is an LPA in place, any control the attorney had over the donors finances and estate ends upon death. The named attorney will need to notify the Office of the Public Guardian (OPG) of the death, as well as provide them with a copy of the original document and a copy of the death certificate.

  • If you only appoint one attorney in your LPA and they die or become unable to complete their attorneyship for another reason, you will need to create a new agreement. You can however name more than one attorney in your LPA to prepare for such a scenario if you wish, by naming a Replacement Attorney.

  • This is entirely up to you. You can give joint powers in decision making, appoint a lead attorney and name someone else to act if they are unable as a Replacement Attorney, or divide individual tasks to a set of individual attorneys as you see fit. Just be concise in the wording of your wishes and ensure they are outlined clearly to avoid confusion.

  • Yes, you can revoke an attorney if you no longer wish someone to act on your behalf. You will need to do this officially, by creating a new LPA if you wish to appoint a new individual, or simply notify the Office of the Public Guardian (OPG) that you wish to cancel the document.