A Lasting Power of Attorney is for everyone

The best way to set up an LPA is by using a trusted and reliable solicitor. They will guide you through the process, including completing and registering the LPA forms to ensure they are valid.

A LPA is a legally binding document that allows you to choose who can make decisions for you if you can no longer make them yourself. There are two types of LPAs:

– Property and Financial Affairs LPA

– Health and Welfare LPA

The person who creates the LPA is called the “donor,” and the person(s) appointed to make decisions on their behalf are called “attorneys”. Your attorney needs to be 18 or over and could be your spouse/partner, children, a relative, a trusted friend, or a professional. An LPA can only be used when it has been registered with the Office of the Public Guardian (OPG).

For a Property and Financial Affairs LPA, you can choose when your attorneys can start making decisions (immediately or only if you lose mental capacity). However, for a Health and Welfare LPA, your attorneys can only make decisions when you have lost the mental capacity to make them yourself.

LPA safety and security

At the end of last year, BBC Sounds aired a programme on Radio 4 entitled “Shadow World: The Willpower Detectives”. The series (8 episodes) revealed the hidden problems surrounding LPAs where some people have been encouraged to sign away their decisions to others who have misused their position to benefit themselves, or others, financially.

Currently 8 million people in the UK have an LPA. Under the last Conservative Government, a new online system and additional safeguards were developed by the OPG, who register and monitor LPA’s, to enhance the safety and security of them. The resulting Powers of Attorney Act 2023 included the following:

• Stricter identification procedures for those applying for an LPA. Official documents like driving licences, passports or Government Gateway accounts will be required.
• A streamlined objection process, making it easier for people to object to the registration of an LPA.
• A digital platform for making and registering LPAs to make the process faster, easier and more accessible. An enhanced based paper process has also been created.
• Improved witnessing safeguards to ensure there is no undue influence on the person making the LPA.

LPAs provide peace of mind for everyone

Neil Raiseborough, Head of Private Client at Alsters Kelley said. “As solicitors, we recommend that everyone, regardless of age, should consider setting up a Lasting Power of Attorney (LPA) to ensure their wishes are respected and that someone they trust can manage their affairs and make decisions on their behalf if they lose the capacity to do so. Not only does it give you peace of mind but you can specify who you want to make decisions for you and how you want them to make those decisions, giving you more control over your future.”

Neil adds. “Many people think that LPAs are for older individuals, they are definitely not. Life is unpredictable and should anything unexpected happen in your 30’s, 40’s, 50’s or 60s like accidents, long-term illnesses or other unforeseen circumstances, which unfortunately leave you incapacitated, you may need to appoint someone to make decisions about your finances and health and welfare. That’s why we highly recommend you have an LPA in place, regardless of your age.”

Neil concludes. “It’s worth pointing out that if you don’t have an LPA in place and lose your capacity to make decisions, your loved ones would have to go through the courts to gain permission to make these decisions. This can take a long time – it’s a complex and difficult process. Plus, it might be happening at an upsetting time for everyone involved.”

Local expert support and advice

At Alsters Kelley, we can advise on and draft Lasting Powers of Attorney to ensure your wishes are clear and recorded accurately. An appointment can be arranged at any of our network of offices covering Coventry, Leamington, Nuneaton, Stratford-upon-Avon and Southam where we can support and guide you in the right direction. For timely and quality advice, please contact Neil Raiseborough on 01926 356000 or email neil.raiseborough@alsterskelley.com