who decides for you, if you can't?
A lasting power of attorney lets people you trust make decisions for you if illness or an accident means you can't. A will only works after you've died. An LPA covers you while you're alive.
most people need both.
two kinds
property and financial affairs
Paying bills, managing bank accounts, dealing with pensions, selling the house if it comes to it.
health and welfare
Where you live, the care you get, medical treatment — and, if you choose, life-sustaining treatment.
They're separate documents, £125 each. Most people have both, and couples usually do one of each for each other.
what if there's no LPA?
If you lose capacity without one, nobody — not your husband or wife, not your children — automatically has the right to manage your money or make decisions for you. Your family would have to apply to the Court of Protection to become your deputy. It takes months, costs far more, and the court decides who's in charge.
how I do it
- We talk it through — who your attorneys should be, and how they should decide.
- I prepare the forms and go through them with you.
- Everyone signs in the right order, with a certificate provider — the step that trips most people up.
- It's registered with the Office of the Public Guardian, ready if it's ever needed.
questions
I'm married. doesn't my husband or wife decide anyway?
No. Being married doesn't let you run your partner's bank accounts in their sole name, or make health decisions for them, if they lose capacity. Without an LPA your family may have to apply to the Court of Protection to become a deputy, which is slow and costly.
when can I make one?
Only while you still have mental capacity to understand it. That's why it's worth doing now, while it's easy.
is the registration fee included?
[CONFIRM: whether the Office of the Public Guardian registration fee is included in £125, or paid separately.]
can my attorneys use it straight away?
Not until it's registered with the Office of the Public Guardian. A property and financial affairs LPA can then be used with your permission even while you have capacity. A health and welfare LPA can only be used if you can't decide for yourself.