A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone you trust to help make decisions for you, or make decisions on your behalf if you are unable to do so yourself in the future. The person making the LPA is called the donor and the person chosen to act is called an attorney. 

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Why is an LPA important?

Many people assume that their parents, husband, wife, partner, or children can automatically make decisions for them if they become ill. This is not true.

Without an LPA, your loved ones may not have legal authority to:

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• Access your bank accounts

• Manage your bills

• Deal with your property

• Make decisions about your healthcare or care arrangements

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An LPA allows you to decide in advance who you want to help you and how they should act. 

 

The Two Types of LPA

1) Property and Financial Affairs LPA

This allows your attorney to help with:

• Paying bills

• Managing bank accounts

• Collecting benefits or pensions

• Buying or selling property

• Managing investments

 

2) Health and Welfare LPA

This allows your attorney to make decisions about:

• Medical treatment

• Care arrangements

• Daily routines

• Moving into a care home

• Life-sustaining treatment (if you choose to give this authority)

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When can an LPA be used?

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An LPA must be registered with the Office of the Public Guardian before it can be used. 

 

Depending on the type of LPA:

• A Property and Financial Affairs LPA can be used while you still have mental capacity if you wish.

• A Health and Welfare LPA can only be used if you lose the ability to make those decisions yourself. 

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Key Message

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An LPA is not just for older people. Accidents, illness, strokes, dementia, or unexpected health conditions can affect anyone. Creating an LPA is about planning ahead and protecting yourself and your family.