What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal instrument that allows someone to appoint one or more people (Attorneys) to make decisions about their health and welfare and/or personal and financial affairs for them. These powers can be used should the Donor become incapable of making decisions for themselves at some point in the future.
This pack provides the forms and notes necessary to create a combined Health and Welfare and Property and Financial Affairs LPA.
The LPA must be made while the Donor is of sound mind and can relate to any decisions about the Donor's healthcare and welfare, or can be limited to specific decisions. The Attorney(s) can only make decisions that are in the Donor's best interests.
How do I use an LPA?
The LPA can't be used until it has been registered with the Office of the Public Guardian. It can be registered at any time after it has been made, but the benefit of registering it shortly after it has been made is that it will be ready to be used by the Attorneys as soon as it is needed.
The LPA document incorporates a certificate which must be signed by an independent person chosen by the Donor who must confirm that, in their opinion, the Donor is making the Lasting Power of Attorney of their own free will and that the Donor understands its purpose and the powers they are giving to the Attorney(s).
An LPA may be revoked using a standard Deed of Revocation at any time while the Donor still has mental capacity, either before or after registration. If the Donor does revoke the LPA then each Attorney needs to be informed by providing a copy of the Deed of Revocation. An Attorney's authority doesn't end until they receive notification. If the LPA has been registered then a copy should also be sent to the Office of the Public Guardian, stating that the Attorneys have also been notified.
This LPA document package includes notes on how to complete and register the LPA document, the forms required and a Deed of Revocation which can be used at any time while the Donor still has mental capacity.
You can also get the forms (but not the Deed of Revocation) directly from the Office of the Public Guardian website. Another option is to use the OPG online service to help you fill in the LPA forms.
This combined LPA package - Health and Welfare and Property and Financial Affairs includes the following documents which are suitable for use in England and Wales:
- Deed of Revocation
- Guide to making and registering your LPA
- Form to create and register your LPA
- Continuation Sheets
- Form to notify people.