Lasting power of attorney solicitors

Both a power of attorney and a lasting power of attorney enable you to appoint someone to act on your behalf. However, they are used for different purposes and differ in a number of ways:

• Purpose: A power of attorney (POA) is used to give someone the authority to manage your finances or a specific financial transaction on a temporary basis. A lasting power of attorney (LPA) gives someone the authority to deal with your affairs if you become unable to manage them yourself at any point in the future.
• Mental capacity: A POA can only be used when you have the mental capacity to make decisions for yourself. If you lose mental capacity, it becomes invalid. An LPA can be used even if you lose mental capacity.
• Use: A POA can only be used for financial affairs whereas an LPA can cover your health and welfare or your property and financial affairs.

• Duration: A POA is typically effective immediately and remains in place until you revoke it or a specified date. Conversely, an LPA only comes into effect when registered and will remain in force until you revoke it or you die.

• Registration: An LPA must be registered with the Office of the Public Guardian before it can be used, however a power of attorney generally doesn’t need to be registered.

A lasting power of attorney is an effective way of deciding how you would like your affairs to be managed if you can no longer manage them yourself. You can outline how decisions should be made and then appoint a person you trust (called an attorney) to make them on your behalf.

There are two types of Lasting Power of Attorney – a health and welfare lasting power of attorney and a property and financial affairs lasting power of attorney.

You should appoint someone you trust as your attorney. Provided they’re over 18 and have the mental capacity to make decisions independently, you can choose whoever you like – for example, your spouse, partner, family member or a close friend.

Alternatively, you could appoint a professional attorney through a trust corporation. This can avoid the costs and inconvenience of replacing an attorney if they fall ill or die and can be particularly helpful if your attorney has to deal with complex financial or health-related matters.

Additional advantages of using a professional attorney are the trust corporation’s expertise in handling lasting powers of attorney and their ability to respond quickly.

No. You can only make a lasting power of attorney whilst you have mental capacity. However, if you lack mental capacity and don’t have a lasting power of attorney in place, then a friend or relative can apply to the Court of Protection to become a deputy to make decisions on your behalf. However, drawing up an LPA is a quicker and cheaper process.

Once created, an LPA must be registered with the Office of the Public Guardian (OPG) to be valid. Registration includes checks to confirm the document’s validity and that you understand its implications. The process usually takes several weeks.

If you still have mental capacity, you can revoke your LPA at any time. Once you lose capacity, you cannot make changes. Generally, LPAs cannot be amended, so the only option is to revoke your existing LPA and make a new one.

An attorney’s powers are set out in the lasting power of attorney. An attorney must always act in the best interests of the person who granted them the power. For instance, they are not allowed to give the person’s money away, spend it on themselves or change the person’s Will without court approval. However, the safeguards are limited so it’s very important that you only appoint an attorney you are confident will act in your best interests.

Yes. You can appoint multiple attorneys to act either jointly (together) or severally (independently). You can also name replacement attorneys if your first choice cannot act.