Lasting Powers of Attorney

This page covers:

  • What is meant by Lasting Power of Attorney,
  • Setting up Lasting Powers of Attorney and getting the timing right,
  • Benefits of a Lasting Power of Attorney when someone needs care.

A Lasting Power of Attorney is a legal agreement to authorise another person to make decisions on your behalf. A common belief is that a Lasting Power of Attorney is just for people with dementia, but it is helpful for anyone who is not able to manage their affairs, whatever the reason. For example, when we spoke to Jane she told us her mother had arranged a Lasting Power of Attorney when her eye sight started to deteriorate.

Sometimes people refer to a Lasting Power of Attorney as an ‘LPA’.

There are two types of LPA, one that deals with finances and one that deals with health and welfare decisions. Someone can have one or the other in place, or both.

Kate says that LPAs are really important and decided to set one up for herself.

Age at interview 69

Gender Female

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The person appointed to make decisions on behalf of someone else is called an attorney. The attorney must make decisions in the best interests of the person they represent. It is crucial that the person appointed as attorney is fully trusted.

Jennifer points out that the person appointed as attorney does not have to be family.

Gender Male

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More than one person can be appointed. If there are two or more attorneys the LPA can be set up so that each can make decisions individually or that they must all agree. It is possible to change the people appointed as attorney if needed.

Jacky and her brother were appointed as joint financial attorneys but could make decisions separately.

Age at interview 65

Gender Female

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Most people told us that they asked their solicitor to draw up the LPA for them. But some said that they had got the forms from the internet and completed them for themselves. The form has to be certified by a trusted person such as a solicitor, doctor or someone who has known the people involved for some time.

Peter drew up the LPA himself and had it certified with a solicitor.

Gender Male

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When the LPA has been signed and certified, it has to be sent to the Office of the Public Guardian (OPG) to be registered before it can be used. This takes at least 2 months. Even after it is registered, the person can continue to manage their own affairs as long as they want and are able to.

Rosemary registered the LPA a few years after it was certified, but wished she had done it sooner.

Age at interview 79

Gender Male

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When the person decides it’s time for their attorney to begin to manage their affairs, the banks and other official bodies need to see a copy of the LPA. Hannah said this made it tricky to deal with online accounts so it was better to just go to the high street banks, in person, but this can also be a hassle as Jacky explains.

Jacky said it was a hassle presenting the LPA to all the banks and building societies.

Age at interview 65

Gender Female

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Most people we spoke to about paying for care had set up an LPA for finance. For the person appointed as attorney, they said that it made their dealings much easier once everything was in place. They could manage direct debits and even help with selling the house.

Sinclair manages his finances himself but his daughter helped to negotiate the sale of the house.

Gender Male

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Not many of the people we spoke to had arranged an LPA for health and welfare. Some didn’t think it was necessary and for others it was left too late and the person needing care no longer had capacity to appoint an attorney.

Hannah regrets not advising her mother to take out an LPA for health and welfare as well as finance.

Age at interview 53

Gender Female

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If it is too late to set up an LPA because the person no longer has capacity, the family, or whoever is managing the person’s care, will need to be able to access their money to pay for care. This is done through the Court of Protection. People told us that going through the Court of Protection was a difficult and costly process and it is vital to keep records and receipts of all expenditure.

Simon was helping to arrange and pay for care for his mum and had to apply to the Court of Protection.

Age at interview 60

Gender Male

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