The Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (the ‘donor’) to give one or more persons (the ‘attorney(s)’) the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself.

This is key, as it gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions i.e., when you no longer have ‘mental capacity’.

Additionally, 1 in 11 people over the age of 65 have dementia in the United Kingdom, something which may be very relevant to your parents and grandparents now or in the future. The LPA document caters to these needs as well, and enables you, your parents or grandparents to have more control over what happens to your finances, property, and health and care decisions whilst you progressively age.

To learn more about this document and the importance of it, please refer to our Lasting Power of Attorney Guide and FAQ.

An LPA isn’t something just for older people in poor health to consider.

Unfortunately, any of us can have an accident or illness at any age that can leave us temporarily or permanently debilitated.

Anyone can make an LPA in case they ever lose mental capacity, particularly as one progressively ages and may be at risk of things like dementia, of which 1 in 11 people over 65 in the United Kingdom are affected with.

You should also make an LPA if you have been diagnosed with, or think you might develop, an illness which might prevent you from making decisions for yourself at some time in the future.

The kinds of illness which might prevent you from making decisions for yourself include (but not limited to): dementia, mental health problems, brain injury, alcohol or drug misuse, and the side effects of medical treatment.

Mental capacity means the ability to make or communicate specific decisions at the time they need to be made.

To have mental capacity you must understand the decision you need to make, why you need to make it, and the likely outcome of your decision.

It costs £82 to register each LPA unless you get a reduction or exemption.

This means it can cost up to £164 to register both a property and financial affairs LPA and a health and care decisions LPA.

You can apply for a reduction if you earn less than £12,000. You might also be able to apply for an exemption if you’re on certain benefits, such as Income Support.

For further information about eligibility and the application form please click here. We can also guide you through this process.