Lasting power of attorney
What is lasting power of attorney (LPA)?
A lasting power of attorney (LPA) is a legal document that gives a trusted person or people (known as attorneys) the authority to make decisions on someone else’s behalf if they lose the ability to make decisions for themselves. It’s an essential tool for planning ahead, offering reassurance that personal wishes will be followed and important matters will be taken care of by someone chosen carefully.
There are two types of LPA:
A Property and Financial Affairs LPA, which allows your appointed attorney to deal with your property and financial matters on your behalf. It can be used as soon as it’s registered with the Office of the Public Guardian (OPG), provided the donor (the person granting the power) consents.
A Health and Welfare LPA, which allows your attorney to make welfare and healthcare decisions on your behalf. This includes decisions on medical treatments, as well as living arrangements. It only comes into effect if the donor loses mental capacity, ensuring their well-being remains a priority.
When and why to set up LPA
Establishing a lasting power of attorney can take upwards of 5 months from start to finish, so it’s wise to plan ahead. While it may feel like a difficult subject to discuss with your loved one, doing so whilst they still have full mental capacity ensures their wishes are legally documented and understood by all involved. Early preparation can prevent unnecessary stress later on.
By starting the process early, you have time to discuss important details, such as the scope of the attorney’s authority and the conditions under which it should be used. Having an honest and open conversation sooner rather than later allows everyone to be prepared for the unexpected.
Choosing an attorney
Selecting the right person to act as your attorney is one of the most important decisions you’ll make when setting up a LPA. This person will have significant control over your health, welfare, and finances if you become unable to make decisions yourself. For this reason, careful consideration should be given to this decision.
The attorney(s) should be trustworthy and have the knowledge and characteristics to make decisions in your best interest. For most, this often means appointing a close friend or family member. However, an alternative option is to appoint a professional attorney instead, such as a solicitor. It’s also advised to designate successors, should your original attorney be unable to fulfil their duties in the future. This ensures your wishes can continuously be fulfilled.
Guiding principles your attorney must follow
Your attorney should always assume that you have the ability to make your own decisions, unless there is clear evidence to suggest otherwise. They must not jump to conclusions about your capacity and should give you every chance to make your own choices.
Wherever possible, your attorney should help you make decisions for yourself rather than taking over. This might mean giving you more time to process information, explaining things in a simpler way, or offering practical support to guide you.
Making a choice that others disagree with doesn’t mean you lack capacity. Your attorney must respect your right to make decisions that might seem unusual, risky, or unconventional. As long as you have the mental capacity to make the decision, your attorney must respect it, even if it's not the choice they would have made.
If your attorney needs to make a decision on your behalf, they must consider all possible options and select the one that least limits your rights and independence.
Every action and decision made by your attorney must be in your best interests. This involves taking into account your past wishes, feelings, beliefs, and values. They must also consider the views of family members, friends, or anyone else who may be involved in your care. Weighing all these factors ensures that decisions are thoughtful, balanced, and focused on your overall well-being.
Your attorney must act according to a clear set of principles designed to protect your rights, dignity, and independence as outlined in the government's Mental Capacity Act Code of Practice. These principles ensure that every decision made on your behalf is fair, thoughtful, and in line with your best interests and wishes.
Talk to us today
Give us a call to discuss your needs with one of our friendly, expert Care Advisors. They will guide you through your options to ensure you make the right choice for you and your family.
When to arrange lasting power of attorney
The process for establishing LPA can take upwards of 20 weeks, so it’s always best to plan ahead. Whilst it’s a difficult conversation to have, setting up power of attorney whilst your loved one still has mental capacity ensures their wishes are legally documented and prevents issues arising further down the line. Early discussions can ensure you’re all on the same page regarding how and when you want power of attorney to be given and used, adding peace of mind for all involved.
You may think of waiting until there’s a clear decline in mental capacity before starting the process. However, this could potentially lead to complications or delays. Depending on the rate of decline and your loved one’s mental capacity, you might be required to appeal to a court of protection to obtain LPA instead, which can be both a time-consuming and costly process. Having an honest and open conversation sooner rather than later allows everyone to be well prepared.
How to obtain lasting power of attorney
This is often the hardest part, but approaching the topic gently and with compassion is key. Reassure your loved one that this isn’t about taking control, but rather ensuring their wishes are respected.
Talk through the two types of LPA with your loved one - property and financial affairs, and health and welfare. Depending on their needs, they might opt for one or for both. It’s important to explain how these arrangements will support them in the different areas of their life.
Help your loved one choose a suitable and trusted attorney who can handle financial or health decisions responsibly. This could be a family member, close friend, or even a trusted solicitor. Encourage open discussions about these choices.
Obtain the appropriate lasting power of attorney forms from the Office of the Public Guardian (OPG). The forms for property and financial affairs and health and welfare are separate. To complete these forms, you will need to provide details on the person creating the LPA, the appointed attorney, and any specific instructions or restrictions you would like documented.
Along with the LPA forms, you must also complete a registration form provided by the OPG. This again includes details on the individual, attorney, and any additional instructions provided.
All required forms can be found on the government website - https://www.gov.uk/power-of-attorney
The final step is to register the completed forms with the OPG. This makes the power of attorney official and ready to use when required. Whilst there’s a fee for this (£82, at time of writing), reductions or exemptions may apply for those on low incomes.
To register your LPA, you must send off your completed forms to the OPG at the following address - Office of the Public Guardian, PO Box 16185, Birmingham, B2 2WH.
The LPA process may seem daunting at first, but breaking it down into manageable steps can help it feel less overwhelming. We’ve put together a step-by-step guide, with each step designed to ensure your loved one’s wishes are respected whilst providing peace of mind for the family.
What happens if I lose mental capacity before appointing a LPA?
If you lose mental capacity and have not set up a lasting power of attorney, your loved ones may face significant challenges in supporting you. Without an LPA, no one automatically has the legal right to make decisions about your health, welfare, or finances - not even your partner or children. Instead, family members must apply to the Court of Protection to be appointed as a deputy, which can be a lengthy, costly, and emotionally difficult process. Unlike an LPA, where you get to choose who you trust to act on your behalf, the Court of Protection decides who takes on this role, and it may not be the person you would have chosen yourself. In the meantime, essential decisions about your care, daily routine, or medical treatment could be delayed, creating unnecessary stress for everyone involved.
Without an LPA in place, social workers or medical professionals may be called upon to make decisions on your behalf, using their judgment about what they believe is in your best interests. While these professionals have good intentions, their decisions may not reflect your personal wishes or what your family knows you would have wanted.
Enquire now
Get in touch with one of our friendly Care Advisors who will guide you to make the right choice for you or your loved one.
Why choose Consultus Care and Nursing?
One of the longest-established and most trusted providers
Founded in 1962, we have always been innovators in live-in care and live-in nursing. With over 60 years’ experience, we are one of the country’s longest-established, most highly recommended and experienced providers.
Unrivalled choice and control over your care
We understand that every person’s needs are different and every family’s situation is unique. With our choice of fully managed live-in care and nursing, and our introductory service, we offer more flexibility and personalisation than any other provider.
Highly trained nurses and carers
We are nationally recognised for the quality of our nurses and carers. With market-leading training, delivered at our own, multi-award-winning training centre (a Skills for Care Centre of Excellence), they provide exemplary, compassionate care tailored to individual needs, offering total peace of mind for clients and their families.
Expert care and support, dedicated to you
Our Care Consultants oversee our nursing and managed care services supporting only a small number of families. This means our service is truly personal, with unrivalled support and continuity of care. Reassurance that we are there when you need us most.
Family-founded, family-owned
We continue to be a family-owned and family-managed business. The largest wholly family-owned live-in care provider in the UK, we focus on what our clients and their families need from a high-quality care service, not on meeting investors’ expectations.
Download our brochure
To find out more about our award-winning live-in care services, download our brochure below.
Looking for care?
Please fill out the enquiry form below and we will aim to contact you within 24 hours. Looking to work for Consultus Care and Nursing? Please apply here.