Family Law
What it is: A lasting power of attorney, or LPA, is a legal document that lets you appoint one or more trusted people, your attorneys, to make decisions on your behalf if you later lose the mental capacity to do so yourself in England and Wales. There are two types: one covering property and financial affairs, and one covering health and welfare. When it applies: Putting an LPA in place is sensible for adults of any age who want to plan ahead, and it becomes especially important with advancing age or a diagnosis affecting capacity, such as dementia. Without a valid LPA, loved ones may have to apply to the Court of Protection, which is slower and more costly. How a solicitor helps: A solicitor advises which LPAs you need, explains the powers and safeguards involved, and ensures the documents are drafted to reflect your wishes, including any restrictions or guidance for your attorneys. They arrange for the required certificate provider, oversee correct signing, and register the LPAs with the Office of the Public Guardian so they are ready to use when needed. First steps: Decide who you trust to act as your attorneys and any replacements, consider your preferences for how decisions should be made, and seek advice while you still have capacity, as an LPA cannot be created afterwards. Scotland uses a separate 'power of attorney' regime under its own legislation.
