What is an LPA and how does it work?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust, known as an attorney, to make decisions and act on your behalf. It can cover decisions related to financial matters, such as property and money, and health and welfare issues like medical care or moving into residential care.

An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. The OPG is responsible for protecting people who lack mental capacity and making sure that LPAs are being used correctly. During registration, an LPA will be checked to make sure it meets certain legal requirements and if approved, the LPA will be registered and a certificate of registration issued.

If you have an LPA in place, your attorney is legally obliged to make decisions that are in your best interests and act according to the principles set out by the Mental Capacity Act 2005. In addition, they must also keep detailed records of all the decisions made on your behalf.

Having an LPA in place means that you can be confident your wishes will be followed should you ever lack the mental capacity to make decisions for yourself. It also spares your family and friends the burden of having to apply for a Deputyship through the Court of Protection, which is often a costly and lengthy process.

There have been a couple of high-profile cases where people have lost capacity without having an LPA in place. One such example is that of Kate Garraway and her husband Derek Draper, who tragically lost capacity after contracting COVID-19. An LPA would have ensured that the decisions about Derek’s care and financial matters were in line with his wishes, rather than being decided by a court order. Kate has openly talked about the problems faced and how an LPA would have eased financial worries and stresses.

If you’re interested in finding out more about Lasting Powers of Attorney then we recommend making an appointment with us. We can provide invaluable advice and guidance throughout the LPA process, ensuring it is set up correctly and that your wishes are followed.

We hope this blog post has helped explain what an LPA is, why it’s important, and how to get one in place.