What Is a Lasting Power of Attorney? A UK Guide

A Lasting Power of Attorney, often called an LPA, is a legal document that lets you choose people you trust to help make decisions for you if you are unable to make them yourself in the future. For many people, arranging an LPA is a thoughtful part of estate planning: it is about keeping your preferences clear and choosing who would speak for you.

The two types of Lasting Power of Attorney

In England and Wales, there are two different LPAs. You can make one or both, depending on your circumstances and preferences.

A Property and Financial Affairs LPA allows your attorneys to help with decisions about money and property. This could include managing a bank account, paying household bills, collecting income or dealing with a property. You can choose for this LPA to be used with your permission while you still have mental capacity, or only if you are unable to make decisions yourself.

A Health and Welfare LPA covers decisions about your personal wellbeing. This can include day-to-day care, medical treatment, where you live and life-sustaining treatment, if you choose to give your attorneys authority on that point. Unlike a property and financial affairs LPA, it can only be used when you are unable to make the relevant decision yourself.

Who should I choose as my attorney?

Your attorney should be someone you know well and trust to act responsibly. It might be a partner, adult child, family member or close friend. Some people appoint more than one attorney, which can share responsibility and provide different perspectives.

You can decide whether attorneys must make decisions together, whether they can act independently, or a combination of the two for different decisions. You can also appoint replacement attorneys in case someone is unable or unwilling to act later on.

Why make an LPA while you can choose?

An LPA needs to be made while you have the mental capacity to understand it and choose your attorneys. It must then be registered with the Office of the Public Guardian before it can be used. Registration takes time, so it is often useful to put arrangements in place as part of forward planning rather than waiting for a change in circumstances.

Having an LPA does not take away your independence. While you can make your own decisions, you remain in control. Your attorneys have a duty to act in your best interests and follow the legal principles that apply to LPAs.

Without an LPA, loved ones may not automatically have authority to make financial or welfare decisions on your behalf. Making one is a way to give clear direction and reduce uncertainty for the people you trust.

Getting your LPA right

LPAs are important documents, so it is worth having them prepared carefully. You may want to give your attorneys guidance about your priorities, preferences or practical arrangements.

An LPA is often considered alongside a Will, because each has a different purpose. Your Will sets out wishes after death; an LPA helps protect your choices during your lifetime if you cannot make a decision yourself.

If you would like to understand how a lasting power of attorney UK arrangement could work for you, get in touch with Nxtgen Wills for clear, expert guidance and a reassuring conversation about your options.