A Lasting Power of Attorney (LPA) is a legal document that allows you – the donor, to appoint one or more trusted people, known as attorneys, to make important decisions on your behalf if you lose the ability to do so yourself.

Putting an LPA in place enables you to plan ahead, protect your interests, and ensure your wishes are respected, even if illness, accident, or loss of mental capacity prevents you from making or communicating those decisions in the future.

There are two main types of LPA, each covering different areas of decision‑making:

1. Property and Financial Affairs LPA

Gives your attorney(s) the authority to manage your financial matters, including:

• Buying or selling your home or other property.

• Managing bank and building society accounts.

• Paying bills and handling tax matters.

• Making and managing investments on your behalf.

This LPA can be used as soon as it is registered (with your permission) or only if you lose mental capacity – you choose.

2. Health and Welfare LPA

Allows your attorney(s) to make decisions about your health, care, and personal welfare, such as:

• Consent to or refusal of medical treatment and procedures.

• Choosing where you live and arranging care.

• Decisions about your daily routine and well‑being.

• End‑of‑life care wishes and decisions.

This type can only be used once you no longer have the capacity to make those decisions yourself.

1. Check Eligibility
You must be aged 18 or over and have mental capacity when creating an LPA. It’s important to act early to ensure your choices are clearly recorded.

2. Choose Your Attorney(s)
Select one or more people you completely trust. You can decide whether they must act together (jointly), can act independently (jointly and severally), or in a specific sequence.

3. Complete the Official Forms
Fill in the correct LPA form for the type you want. This includes details about you, your attorneys, and the powers you are granting. Seeking professional advice at this stage can help avoid costly errors.

4. Sign and Witness the Document
The LPA must be signed by you, your attorney(s), and witnesses. A certificate provider must also confirm you understand the document and that you are making it by choice.

5. Register with the Office of the Public Guardian
Your LPA is only valid once it has been registered with the OPG. Registration involves a government fee and can take several weeks.

• Peace of Mind: Know that trusted people will manage your affairs in your best interests.

• Avoiding Court Delays: Without an LPA, your family may have to apply to the Court of Protection, which is slower, more costly, and more stressful.

• Personalised Decisions: You can set out your preferences so decisions reflect your values and wishes.

• Timely Action: Attorneys can act quickly on urgent matters, from paying bills to making healthcare decisions.

• Protection for Vulnerable People: Especially valuable for those at risk of losing capacity due to conditions such as dementia.

At Inheritas Wills in Reading, we guide you through every step of creating a Lasting Power of Attorney, ensuring your document is legally sound, clearly reflects your wishes, and gives you and your loved ones complete peace of mind for the future.

A Lasting Power of Attorney (LPA) for Property and Financial Affairs is a legal document that allows you (the donor) to appoint one or more trusted people (attorneys) to make decisions and manage your financial matters on your behalf. This can include looking after your property, assets, and money if you become unable to do so yourself.

Purpose

The main aim of this LPA is to ensure your financial affairs are handled by someone you trust, covering matters such as your home, investments, bills, and other assets.

Scope of Authority

An attorney appointed under this type of LPA can be given wide-ranging powers, which may include:

• Paying household and personal bills.

• Managing bank accounts and savings.

• Buying or selling property.

• Handling investments and tax matters.

Decision-Making Capacity

You can only create an LPA while you have the mental capacity to understand the nature and effect of the document. Once registered with the Office of the Public Guardian (OPG), it can be used while you still have capacity (if you choose) or only if you lose capacity in the future.

Registration

An LPA must be registered with the Office of the Public Guardian before it can be used. A registration fee applies, and the process can take several weeks to complete.

Choosing an Attorney

You may appoint one or more attorneys. These should be people you trust completely to act in your best interests and follow your instructions. You can also decide whether they must act jointly or can act independently.

Safeguards

To protect you, a certificate provider (often a professional such as a solicitor or healthcare worker) must confirm that you understand the document and are making it willingly, without pressure.

Amendment or Revocation

As long as you have mental capacity, you can change or cancel your LPA at any time.

If You Do Not Have an LPA

If you lose mental capacity without an LPA in place, your loved ones may need to apply to the Court of Protection for a Deputyship Order to manage your affairs — a process which can be slower, more costly, and less flexible than an LPA.

Creating a Lasting Power of Attorney for Property and Financial Affairs is an important step in protecting your financial future. At Inheritas Wills in Reading, we help make the process straightforward, ensuring your LPA is clear, legally valid, and tailored to your wishes.