There are two types of LPA and you can set up either or both of these:
1. Property and affairs LPA
2. Personal welfare LPA
Property and Affairs LPA
You can specify the extent of the authority you are granting, or any restrictions, to your attorney on your LPA if you wish to do so. For example you may wish to specify your attorney can start managing your financial affairs in the event of your mental incapacity and not before. Note: If you choose not to make any restrictions, your attorney can start using the powers granted by the LPA as soon as it is registered.
Personal Welfare LPA
Choosing Your Attorney
You can appoint a friend, relative or professional to hold an LPA on your behalf. They do not need to have specialist knowledge of legal matters to carry out their duties. Your attorney(s) can only act within the authorisation you have granted them on your LPA. You therefore need to consider very carefully the extent of the authorisation you wish to grant. For example, if you wish to grant the power to consent to or reject life sustaining medical treatment, you should advise your attorney of your preferences while you still have the mental capacity to do so.
Your appointed attorney(s) hold a hugely responsible position. However, there are safeguards to protect the LPA from abuse, and ultimately attorneys are answerable to the Office of the Public Guardian. You should consider the following criteria when choosing your attorney(s):
- How well do they manage their own financial affairs.
- How well do you know them.
- Can you trust them to use your money to meet your needs and make decisions that are in your interests.
- Do you have the utmost confidence them.
- How happy would they be to take on the responsibility.
- Consider appointing more than one attorney to minimise abuse of the responsibility. In this case, would your attorneys be happy working together?
- You can have as many attorneys as you wish, but if you choose more than one, you will need to consider the following in addition to the above:
- Do you wish them to act together on every matter (decisions must be unanimous).
- Do you wish them to act together and independently as they see fit.
- Do you wish them to act together in some matters and independently on others. For example all ‘big’ decisions such as selling a property must be made together.
Note: Before you appoint anyone to be your attorney and to act on your behalf, make sure you have discussed this with them and that they are happy to take on this responsibility.
Making your LPA
We are able to draw up your LPA and If you are interested in this service please ring Wincham Executor & Trustee Company Limited on 03333 441 176.
- The person or persons you appoint to be your attorney(s).
- At least one certificate provider.
- At least one ‘person to be told’.
- At least one independent witness.
Your certificate provider
Your ‘person to be told’
Your independent witness
Registering an LPA
An LPA has no legal standing until it is registered with the Office of the Public Guardian.
To register your LPA you or your attorney must apply to the Public Guardian any time after the LPA is completed. The Public Guardian will then give notice to you and your appointed attorney(s) that your LPA has been received. Your relatives will not be notified unless you have named them as your ‘person(s) to be told’.
The registration fee is £130 payable on registration, and is non-refundable if the person making the LPA or their attorney dies before registration is complete. The fee is payable for each LPA registered.
Once registered, the LPA will continue to be a legal document indefinitely.
Enduring Power of Attorney (EPA)
The EPA was replaced by the LPA on 1st October 2007. A person appointed as attorney, and given this power before this date, can still use the EPA and apply to have it registered.
Cancelling an LPA
You can cancel your LPA if you have the mental capability to do so.
Note: A Property and Affairs LPA is automatically revoked if you or your attorney becomes bankrupt.
Cancelling an EPA
You can cancel an unregistered EPA if you have the mental capability to do so, without applying to the Court of Protection.