How do I set up a lasting power of attorney?

Question

My mother is still well but wants to put things in place in case her health declines. How does a lasting power of attorney actually work and how do we set one up?

Jacob Cox · Accepted Answer

A lasting power of attorney, or LPA, is a legal document that lets your mother appoint one or more people she trusts, called attorneys, to make decisions on her behalf if she becomes unable to make them herself. In England and Wales there are two separate types: one for property and financial affairs, and one for health and welfare. The crucial point is that she can only make an LPA while she still has the mental capacity to understand it, which is exactly why doing it now, while she is well, is the right approach. To set one up she chooses her attorneys, decides any preferences or instructions, and the document has to be signed in a set order and include a certificate provider who confirms she understands it and is under no pressure. It then has to be registered with the Office of the Public Guardian before it can be used.

Luna Murphy · Answer

You can complete the forms yourselves through the official government service, or ask a lawyer to prepare them, which many families do for the financial LPA or where the situation is more complex. A few practical tips: choose attorneys who are trustworthy and will act in her best interests, consider naming a replacement in case an attorney cannot act, and remember that registration with the Office of the Public Guardian can take a couple of months, so it is best not to leave it until decisions are urgently needed. If capacity is ever lost before an LPA is made, the alternative is a deputyship application to the Court of Protection, which is slower and more expensive. General information only.

How do I set up a lasting power of attorney?

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