Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) allows the person you care for to give someone they trust, such as you as their carer, the legal power to make decisions on their behalf if they lack capacity to make those decisions for themselves. The person making the LPA (the person you care for) is called the ‘donor’ and the person they give the power to is called the ‘attorney’. The attorney must be 18 years of age or over and the ‘donor’ must have mental capacity to consent to setting up the LPA.

There are two different types of LPA: 

1. An LPA for Property and Financial Affairs gives legal power to the attorney to manage the person’s money and property. This includes managing bank accounts, selling a property, or collecting benefits.  
2. An LPA for Health and Welfare gives legal power to the attorney to manage the person’s health and care and includes medical decisions, where healthcare will be provided, as well as decisions relating to day to day care.

• The donor can have as many attorneys as they want and they can choose how they want those attorneys to act. For example, they might want all attorneys to agree together on every decision made, or they may want them to be able to make decisions separately.
• The donor can also choose if they want their attorney(s) to be able to make decisions about life-sustaining treatment.
• As long as the attorney is acting in the best interests of the donor they cannot be overruled by anyone, including healthcare professionals and family members.
• When the person you care for dies, their attorney(s) must stop any action under the LPA immediately and send the original LPA document and a copy of the donor’s death certificate to the Office of the Public Guardian.

1. Avoid putting pressure on the person you care for to set up an LPA(s). They must give informed consent free from pressure for the LPA to be valid.
2. You should find out whether the person you care for has previously made an Advance Decision to Refuse Treatment (also known as an “ADRT” or ‘living will’). Although you can have both an ADRT and LPA, one may override the other in relation to certain decisions. 
3. Discuss together what needs to be thought about:
   1. Who do they trust to be their attorney or attorneys?
   2. Who is best to sign the form to check if the person has capacity to set up the LPA? This can either be a professional such as a GP or solicitor or someone who has known them for two years e.g. friend or neighbour?
   3. Who can witness the person’s signature and the attorney’s?
   4. Who else needs to know about the LPA when registered, for example the wider family?
   5. What is the best way to obtain the LPA forms and complete them (NB you do not need a solicitor)?  
   6. How is the LPA registered (this can take up to 3 months)?
   7. To download the forms and guidance to make and register an LPA. Although the forms are fairly straightforward, the person you care for may need some help to understand the terms. Note the different sections of the form have to be signed in strict sequence and the attorney may need several copies to lodge with banks, pension providers, insurance companies, GPs and so on.