All the way with your LPA

Published: 27/08/2014

The England and Wales Court of Protection has ruled that a Lasting Power of Attorney (LPA) is legally created only when it is registered by the Public Guardian, not when it is executed by the donor.

A Lasting Power of Attorney is a legal document where you appoint an Attorney to look after your affairs and to make decisions regarding your finances and/or your health and wellbeing on your behalf should you become unable to do so. This may be due to an accident, disability or the onset of an illness such as Alzheimer’s or Dementia or after suffering a stroke.

Like writing a Will, there can be some apprehensiveness about making an LPA. Often people are put off making an LPA as they think they won’t be able to make their own decisions if their appointed Attorney disagrees with their choice. This is not the case. You can make your LPA conditional so your Attorney can only act if you lose capacity. This means you remain in control until the time comes when you can no longer make decisions.

Linda Cummins, Head of Wills and Probate, comments:

“As the average age of the UK population increases so does the importance of making an LPA. Should you become unable to make your own decisions, your family, friends or even your partner, do not have an automatic right to take over your finances. An Attorney appointed in a registered LPA can though.

“Registering an LPA is all included in our service. Our team can help you make an LPA. We will then apply to register the document with the Office of the Public Guardian on your behalf so you can relax in the knowledge that, if incapacity happens, you and your loved ones are protected.”

Content correct at time of publication