Lasting Power of Attorney – FAQ’s

Solomons Solicitors

A Lasting Power of Attorney or an LPA is a legal document that allows you to appoint a person who you trust to act on your behalf, this person will then have authority over your property and financial and/ or health and welfare affairs in the event of your incapacity.
A Property and Affairs LPA allows you to appoint someone to makes decisions on the way your property affairs are managed and how your money should be spent.
A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This can include decisions to refuse or consent to treatment on your behalf and deciding where you live.
Yes, you are able to have both types of LPA as they are separate documents of each other, this also entails that can have different attorneys for each if you like.
The Lasting Power of Attorney replaced the Enduring Power of Attorney (EPA) on 1 October 2007. A person given power under the EPA before 1 October 2007 can still use it and apply to have it registered. This person has a duty to apply to register the EPA as soon as they believe that you are becoming or have become mentally incapable of making financial decisions for yourself.
Lasting Power of Attorney (LPA): You can cancel your LPA only if you have the mental capacity to do so. If there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make the decision.

Enduring Power of Attorney (EPA): You can cancel an unregistered EPA if you have the mental capacity to do so, without applying to the Court of Protection. To cancel a registered EPA you must show the Court of Protection that you understand who the attorney is and what powers they have, that you understand the effect of the cancellation and why the EPA needs to be cancelled.

Seeking Professional Advice?
Depending on the complexity of your estate and financial affairs you should always seek professional advice. Solomons Solicitors can help you create an LPA.
Anyone who is over the age of 18 can be an attorney, often a close family member is appointed as it is important to choose someone who you trust implicitly.  People can also choose their solicitor be your attorney due to their expertise in the area, you can appoint more than one attorney if preferable.
Once the LPA has been registered at the Office of the Public Guardian.  However an attorney under a Health and Welfare power is only authorised to make decisions when the donor is not able to do so due to being incapable.
Yes, when creating your LPA, you can restrict for example authority over some of your assets.  However, this is not a common procedure as when appointing your attorney you should be certain that the person is someone you trust.
Yes, within the LPA you are able to set out guidance on how you would like your attorneys to act, although these guidelines are not binding, it is helpful for your attorneys to understand your preferences.
Yes but only if your property is in your sole name, if you own the property jointly, your attorney will have to liaise with the other owner.
Currently the fee to register the LPA with the Office of the Public Guardian is £130 for each power.
Please expect to wait for up to 12 weeks for the LPA to be registered.
In this situation, an application through a Deputy Order at the Court of Protection will be made in order for a person to have legal authority to manage your affairs.