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How to Make a Lasting Power of Attorney in the UK

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust (your attorney) to make decisions on your behalf if you lose the ability to make your own decisions in the future. There are two types of LPAs:

  • Property and Financial Affairs LPA: This allows your attorney to make decisions about your property, money, and other financial affairs.
  • Health and Welfare LPA: This allows your attorney to make decisions about your healthcare, including your treatment, care, and living arrangements.

How do you apply for an LPA?

You can apply for an LPA online or by using paper forms. You can find the forms on the website of the Office of the Public Guardian (OPG). To apply for an LPA, you will need to:

  • Be 18 years old or over.
  • Have mental capacity (the ability to make your own decisions).
  • Choose one or more attorneys.
  • Fill in the LPA forms.
  • Get the forms signed by you, your attorneys, and two witnesses.
  • Register your LPA with the OPG.

Who should apply for an LPA?

Anyone who wants to give someone else the power to make decisions on their behalf if they lose the ability to make their own decisions should consider applying for an LPA. This includes people who are:

  • Getting older and may become less able to make their own decisions.
  • Living with a condition that could affect their mental capacity, such as dementia or Alzheimer’s disease.
  • Going into hospital for a long time.
  • Traveling abroad for a long time.

How to cancel/revoke an LPA?

You can cancel or revoke an LPA at any time if you have mental capacity. To do this, you will need to:

  • Fill in a form called a Notice of Revocation.
  • Get the form signed by you and two witnesses.
  • Send the form to the OPG.

What if there are disagreements between the people who are applying for an LPA?

If there are disagreements between the people who are applying for an LPA, the OPG may be able to help resolve the issue. If the OPG cannot resolve the issue, you may need to go to court.

What is deputyship and why might someone apply for it?

If you do not have an LPA and you lose the ability to make your own decisions, a court may appoint a deputy to make decisions on your behalf. A deputy is someone who is appointed by the court to act in the best interests of the person who lacks capacity.

There are two types of deputyship:

  • Public deputyship: This is where the court appoints a professional deputy, such as a solicitor or social worker.
  • Private deputyship: This is where the court appoints a family member or friend as the deputy.

People might apply for deputyship if they do not have an LPA or if the LPA is not suitable. For example, if the LPA is out of date or if the attorneys are unable to act.

Conclusion

A Lasting Power of Attorney is an important document that can give you peace of mind knowing that your affairs will be taken care of if you lose the ability to make your own decisions. If you are considering applying for an LPA, I encourage you to do so as soon as possible.

I hope this blog post has been informative. If you have any further questions about LPAs, please do not hesitate to contact the OPG or a legal professional.

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