What Is a Lasting Power of Attorney, and Who Needs One?

A lasting power of attorney (LPA) is a legal document made under the Mental Capacity Act. It lets you appoint someone you trust to make decisions for you if you lose mental capacity. This could happen because of dementia, a stroke or an accident.

What can an LPA cover?

An LPA can cover personal welfare decisions, such as where you live and your medical care. It can also cover property and financial affairs. You can set limits on what your appointed person, called a donee, may do.

Who can make one?

You must be at least 21 and have mental capacity when you make the LPA. Your donee must also be at least 21 and must not be an undischarged bankrupt. The LPA must be registered with the Office of the Public Guardian. A certificate issuer, such as an accredited doctor or lawyer, must confirm that you understand what you are signing.

Who needs an LPA?

Almost every adult can benefit from one. It is especially useful if you are older, own property or run a business. Without an LPA, your family may have to apply to the court to become your deputy. This process takes time and money.

An LPA ends when you die. At that point, your will takes over. For this reason, an LPA and a will work best together.