Speak Out Support
Lasting Power of Attorney Services
Frequently Asked Questions
Your Questions Answered in Plain English
A Lasting Power of Attorney (LPA) is one of the most important legal documents you can put in place, but many people are unsure how it works.
Below are answers to some of the questions we are asked most often.
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you are unable to do so yourself.
The person making the LPA is called the Donor.
The person appointed to act is called the Attorney.
Who should have an LPA?
Every adult should consider having an LPA.
Many people think LPAs are only for older people, but illness, accidents and unexpected life events can affect anyone at any age.
An LPA is about planning ahead and protecting yourself and your family.
What are the two types of LPA?
Property and Financial Affairs LPA
This allows your attorney to help with:
• Managing bank accounts
• Paying bills
• Collecting pensions and benefits
• Buying or selling property
• Managing investments
Health and Welfare LPA
This allows your attorney to make decisions about:
• Medical treatment
• Care arrangements
• Where you live
• Daily care and support
• Life-sustaining treatment (if authorised)
Many people choose to have both.
Can my husband, wife or partner automatically make decisions for me?
No.
This is one of the most common misunderstandings.
Even if you are married or in a long-term relationship, your partner does not automatically have legal authority to make decisions about your finances or healthcare if you lose mental capacity.
An LPA provides that authority.
When should I make an LPA?
The best time to make an LPA is while you are healthy and able to make your own decisions.
Once mental capacity has been lost, it is usually too late to create an LPA.
What happens if I lose capacity and do not have an LPA?
Your family may need to apply to the Court of Protection for a Deputyship Order.
This process is often:
• More expensive
• More time-consuming
• More complicated
It can also create additional stress for families during difficult circumstances.
What is mental capacity?
Mental capacity means being able to understand, retain and weigh up information in order to make a decision.
Capacity can be affected by:
• Dementia
• Stroke
• Brain injury
• Learning disabilities in some circumstances
• Serious illness
• Certain mental health conditions
Capacity is decision-specific and can change over time.
Who can be my attorney?
Your attorney must be someone you trust completely.
Many people choose:
• A spouse or partner
• An adult child
• A parent
• A sibling
• A close friend
The person should be reliable, responsible and willing to act in your best interests.
Can I appoint more than one attorney?
Yes.
You can appoint multiple attorneys and decide how they should act.
For example:
• Together on all decisions
• Together and independently of each other
• A combination of both
It is important to choose the arrangement that best suits your circumstances.
What is a replacement attorney?
A replacement attorney steps in if your original attorney can no longer act.
For example, if they:
• Die
• Lose mental capacity
• Become unwilling to act
• Become unsuitable to act
Appointing a replacement attorney can provide additional protection.
Can I change my attorney later?
Yes.
As long as you still have mental capacity, you can cancel an existing LPA and create a new one.
Does an LPA take effect immediately?
Not necessarily.
A Property and Financial Affairs LPA can be used once it has been registered if you choose.
A Health and Welfare LPA can only be used if you lose the ability to make those decisions yourself.
Can an attorney do whatever they want?
No.
Attorneys must always:
• Act in your best interests
• Follow the law
• Follow any instructions within the LPA
• Keep your money separate from their own
There are legal safeguards in place to protect people from abuse or misuse of authority.
Can an attorney access my bank account for their own benefit?
No.
Attorneys cannot use your money for their own personal benefit unless specifically authorised by law.
Misusing an LPA can lead to investigation and legal action.
Can I still make my own decisions if I have an LPA?
Yes.
Creating an LPA does not remove your rights.
As long as you have mental capacity, you remain in control of your own decisions.
How much does an LPA cost?
There is a registration fee payable to the Office of the Public Guardian for each LPA.
Some people may qualify for a reduction or exemption depending on their circumstances.
Fees can change, so it is always advisable to check the latest government guidance.
How long does it take to register an LPA?
Registration times can vary.
Applications may take several weeks or months depending on processing times and whether there are any issues with the application.
For this reason, it is important not to leave it until a crisis occurs.
Can I make an LPA myself?
Yes.
You can complete and submit an LPA application yourself.
However, some people choose to seek support to ensure the forms are completed correctly and reflect their wishes.
What is the difference between an LPA and a Deputyship Order?
An LPA is created while you still have mental capacity.
A Deputyship Order is applied for after a person has lost capacity and cannot make an LPA.
An LPA gives you the opportunity to choose who will act for you.
With Deputyship, the Court of Protection decides who can act.
Do adults with learning disabilities need an LPA?
Some adults with learning disabilities may be able to make an LPA if they understand what it means and have the necessary mental capacity.
Where a person lacks capacity to make an LPA, Deputyship may need to be considered instead.
Every situation is different and should be assessed individually.
How can Speak Out Support help?
Speak Out Support can:
• Explain LPAs in plain English
• Help you understand your options
• Support you with completing forms
• Help you understand Deputyship applications
• Support people with learning disabilities, autism, disabilities and their families
We believe everyone should have the information they need to make informed decisions about their future.
Still Have Questions?
If you would like advice about Lasting Powers of Attorney or Deputyship, contact Speak Out Support today.
Planning ahead today can protect you and your loved ones tomorrow.