27 October 2024

Setting up a Lasting Power of Attorney: A Step-by-Step Guide

Setting up a Lasting Power of Attorney (LPA) is a crucial step in ensuring your wishes are respected if you become unable to make decisions for yourself. An LPA allows you to appoint someone you trust to manage your affairs if needed. In this guide, we’ll cover the types of LPA, choosing your attorney, what you need to set one up, and why it’s essential to secure it through official registration.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables someone you trust—your “attorney”—to make decisions on your behalf. There are two types of LPA:

  1. Property and Financial Affairs LPA
    This allows your chosen attorney to manage financial matters, including paying bills, managing bank accounts, and handling investments and property.
  2. Health and Welfare LPA
    This gives your attorney authority to make decisions about your medical treatment, daily care, and living arrangements if you cannot make those choices yourself. This type only becomes effective when you lose the mental capacity to decide for yourself.

Choosing Your Attorney

Choosing an attorney is one of the most important steps in setting up an LPA. This individual should be someone you trust implicitly, as they’ll potentially make significant decisions on your behalf.

  • Consider Responsibility and Reliability: Your attorney should understand your wishes and be willing to respect them.
  • Discuss with Potential Attorneys: Ensure they’re comfortable with their responsibilities and have an open line of communication with you.
  • More Than One Attorney: You may appoint more than one attorney if you’d like multiple people to share the responsibility. You can also specify whether they act jointly (together) or severally (independently).

Mental Capacity and Requirements for a Valid LPA

To set up a valid LPA, you must meet the following criteria:

  • Capacity to Decide: You must have the mental capacity to make your own decisions at the time of setting up the LPA. This means fully understanding the nature and consequences of an LPA.
  • Age Requirement: You must be over 18 to set up an LPA.
  • Independent Witnessing and Certification: Your LPA document requires independent witnesses and certification from a qualified person to confirm your understanding and prevent coercion.

Creating an LPA before it’s urgently needed ensures you’re prepared and have control over who manages your affairs. If an LPA isn’t in place and mental capacity is lost, families may have to go through complex court processes to get the legal right to make decisions for their loved ones.

The Process of Setting Up and Registering Your LPA

Once you’ve chosen your attorney(s) and completed the necessary forms, you’ll need to register the LPA with the Office of the Public Guardian (OPG) to make it official. Here’s how the setup typically works:

  1. Consultation and Planning
    We start with an initial consultation to discuss your needs and wishes, and ensure all the necessary forms and details are properly in place.
  2. Setting Up and Filing the LPA
    With our expertise, we’ll help you fill out the forms correctly and guide you through the details of witnessing and certifying the document.
  3. Registration and Secure Vaulting
    We handle the registration with the OPG and can securely store your LPA document for quick access when needed.

Protecting Your Future with an LPA

An LPA gives peace of mind, knowing that if the unexpected happens, your chosen attorney can step in seamlessly. Whether for financial decisions or healthcare choices, establishing an LPA is a proactive way to protect your future and relieve your loved ones from making tough decisions without guidance.

Ready to Start? If you’d like to learn more or are ready to set up an LPA, contact us today. We’re here to make the process clear, manageable, and secure for you and your family.

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