Powers of Attorney

A Lasting Power of Attorney (LPA) is an official legal document that allows you to nominate trusted individuals (known as your attorneys) to make decisions on your behalf if you lose mental capacity or require assistance managing your affairs. There are two distinct types of LPA:

• Property and Financial Affairs LPA: Covers financial management, such as operating bank accounts, paying household bills, collecting state benefits, and buying or selling real estate. This can be used with your permission while you retain capacity, as well as after capacity is lost.

• Health and Welfare LPA: Authorises attorneys to decide on personal daily routines, medical care, living arrangements, and whether to grant or refuse consent for life-sustaining treatment. This type can only be accessed once you lack the mental capacity to make those decisions yourself.

If you suffer a sudden illness, accident, or cognitive decline without a valid LPA in place, no one – including your spouse, partner, or adult children – has automatic legal authority to manage your finances or dictate your medical care. Family members cannot access your bank accounts, arrange care payments, or sell a joint home without seeking formal authorisation. Instead, someone must submit a lengthy and expensive application to the Court of Protection to be appointed as your Deputy. Creating an LPA in advance ensures you select who handles your affairs, avoiding unnecessary delays, financial disruption, and administrative costs for your family.

Yes, Enduring Powers of Attorney executed before 1 October 2007 remain legally valid for managing property and financial affairs. However, an EPA only covers financial decisions; it does not extend to personal health and welfare choices. Additionally, while an EPA can be used while you have capacity without formal registration, it must be registered with the Office of the Public Guardian as soon as you begin to lose mental capacity. Our team can review existing EPAs to ensure they still align with your objectives, advise on the mandatory registration requirements, or assist in setting up a complementary Health and Welfare LPA.