The government provides guidance on its website on Lasting Powers of Attorney (LPAs), including how to make and register an LPA, choosing an attorney and when you need to report changes.
An LPA is a legal document that allows you to appoint one or more people as attorneys to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or become ill and are unable to make your own decisions.
In order to make an LPA, you must be over the age of 18 and have capacity at the time you make it.
There are two types of LPA:
- Health and welfare LPA: this gives your attorney[s] the power to make decisions about things such as your daily routine, medical care, moving into a care home and life-sustaining treatment. A health and welfare LPA can only be used if you are unable to make decisions for yourself;
- Property and financial affairs LPA: this gives your attorney[s] the power to make decisions about your money and property, such as managing bank accounts, paying bills or selling your home. A property and financial affairs LPA can be used as soon as it is registered, with your permission.
You can make either or both types of LPA.
Once you have made an LPA, you must register it with the Office of the Public Guardian (OPG). You or one of your attorneys must inform the OPG if either you or an attorney changes name or address, or if an attorney dies.
The guidance also explains how to remove an attorney and how to end an LPA.
The Powers of Attorney Act 2023 aims to digitise the process of making an LPA and make it faster, easier to access and more secure. However, it will still be possible to make an LPA using a paper form.
