Empower your future with a Lasting Power of Attorney
It’s important for all of us to make our own decisions regarding our health, finances, and personal matters. With a Lasting Power of Attorney (LPA) in place, you can ensure that your wishes are respected even if you lose the mental capacity to make decisions yourself.
LPAs are becoming increasingly vital as many financial institutions, utility companies, and healthcare professionals cannot take direction from your loved ones without your permission.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that enables you (the ‘donor’) to grant decision-making powers to a person you trust (the ‘attorney’). This allows them to make decisions on your behalf should you lose mental capacity.
An LPA is different to an Ordinary Power of Attorney (OPA), which only allows the attorney to make decisions on your behalf before you lose capacity.
There are two types of LPAs: Health and welfare LPAs and Property and Financial Affairs LPAs. Scroll down for more details on what each type of LPA covers.
Lasting Powers of Attorney were introduced by the Mental Capacity Act 2005, replacing the previous Enduring Power of Attorney. To be legally effective, your LPA must be registered with the Office of the Public Guardian.
This is where MW Legal comes in. We can manage the entire process, from drafting your LPA to submitting it for registration, ensuring everything is done correctly and efficiently.
Who can be an attorney?
An attorney should be someone you trust implicitly, as they will have the legal authority to make decisions for you when you are no longer able to do so. Many people choose their spouse, civil partner, or a close family member, but you can also appoint professional attorneys.
If you choose more than one attorney, it’s important to decide how they will act. You can opt for them to act:
- Jointly: They must make all decisions together, which can provide a safeguard but may also create challenges if one attorney is unavailable or dies.
- Jointly and severally: We advise this approach as it allows your attorneys to act together or independently. It offers more flexibility and avoids delays in decision-making.
How do I get a Lasting Power of Attorney?
You can get a Lasting Power of Attorney (LPA) by visiting the Office of the Public Guardian website and setting up an online account.
While creating an LPA online is convenient, using a professional service ensures that the process is handled accurately and efficiently. MW Legal can help you avoid mistakes, guide you through the legal requirements, and ensure all documents are properly witnessed and registered, providing peace of mind that your LPA is legally valid.
Client Comments:
I Recieved the Notice of Registration of the LPA yesterday, dated 28th Jan, I thought that you should be informed after all your work, for which I thank you. Mr R, Weymouth
Types of LPAs
A Lasting Power of Attorney (LPA) can only be enforced while the donor is still alive. It gives the attorney legal authority to make decisions on the donor’s behalf on matters like health and finances.
There are two different types of LPA – Health and Welfare and Property and Affairs.
Health and Welfare LPA
A Health and Welfare LPA grants your attorney(s) the authority to make well-being and medical decisions, but only if you should lose mental capacity.
This includes:
- Decisions about medical treatment, including whether to accept or refuse life-sustaining treatment (as a donor, you can log an advance decision with your GP).
- Decisions about where you should live and your day-to-day care.
- Interaction with social services and other healthcare providers.
This type of LPA is particularly important for those who want to ensure that their personal wishes are respected when they can no longer communicate them directly.
Property and financial affairs
A Property and Financial Affairs LPA gives your attorney(s) the legal authority to manage your finances, property, and assets.
This can include:
- Managing your bank account and investments.
- Paying bills on your behalf.
- Buying or selling property.
- Handling interactions with financial institutions, the Land Registry, and investment firms.
This LPA can be used while you still have mental capacity, if you wish, providing flexibility if you need assistance managing your financial affairs. MW Legal ensures that all financial institutions recognise the authority of your attorney once the LPA is registered.
Our lasting power of attorney service
Getting an LPA with MW Legal is reassuring and straightforward. We pride ourselves on offering an efficient, flexible service and excellent value for money.
From the first instruction to signing your LPA, it can take as little as one week. Although the overall process may take up to four months, we can help make it as smooth as possible and ensure that there are no unnecessary delays.
Here’s a look at our process:
Initial consultation
Contact us, and we’ll discuss your needs and send you a set of questions to gather the necessary information for your LPA. Depending on what suits you best, this can be done via email, over the phone, or during a home visit.
Drafting the LPA
Once we have your details, we’ll draft the legal documents, ensuring that your wishes are clearly stated. If you are available for a face-to-face meeting, we can act as your Certificate Provider—a person who confirms that you have the mental capacity to make an LPA. If you’re remote from us, you must nominate a person who is either qualified to sign the certificate or use a close friend who is not related to you and has known you for more than 2 years.
Signing and witnessing
You and your attorney(s) must sign a paper copy of the agreement in the presence of witnesses. We aim to facilitate this face-to-face, ensuring all parties understand their roles and responsibilities.
Registering the LPA
We will submit your LPA to the Office of the Public Guardian for registration. Along with the registration letter, we will send the application fee, which is currently £82 per LPA (some individuals may be eligible for a fee reduction or exemption if they have a low income or receive certain benefits). This step is crucial, as your LPA must be registered to be valid.
Protect your future today with MW Legal
By setting up a Lasting Power of Attorney, you can ensure that your wishes will be honoured, even when you can no longer communicate them yourself.
Whether you need assistance with your health and welfare or property and financial affairs, MW Legal is here to make the process as smooth as possible.
Contact us today for a no-obligation quotation.
Frequently asked questions about Lasting Power of Attorney
Do you only need an LPA if you lose mental capacity?
LPAs can be very useful even if you still have full mental capacity. Remember, one of the options with the Property & Financial Affairs is when your attorneys can act. If you opt to allow them to act as soon as your LPA is Registered with the Office of the Public Guardian, then those attorneys can act if you are physically unable to get to a bank or other financial institution. There could be many reasons for this; it could be that you are unwell and laid up in bed, or you might be on holiday on the other side of the world.
The same isn’t true of the Health and welfare LPA as these can only be used when you lack mental capacity, but still a vital document to have in place in case that situation occurs.
Do you need both a health and welfare attorney and a property and financial affairs attorney?
The answer to this question is very simple: yes, you do!
Imagine family members trying to negotiate with a Care Home Manager about the quality of your mother’s care using the HW LPA (welfare decisions) without also being able to argue about the cost of that care, which you can only do with the PFA LPA (financial decisions).
In short, your Attorneys need both LPAs for certain decisions, finance LPA for bank accounts etc. Health and welfare LPA for making decisions about your best interests relating to your medication and looking after your best interests in general.
