Lasting Power of Attorney

Concequences of not having an LPA

Without an LPA, loved ones may face difficulties accessing finances, managing assets, and making healthcare decisions on your behalf. 

There have been some high profile cases where celebrities or their spouses have lost capacity without an LPA in place and it’s caused all manner of issues with regard to access their money to pay bills etc.

One such case was the author – Heather Bateman, who’s husband was involved in a car accident and lost capacity. Because they didn’t have LPAs in place, they had to go through the lengthy and costly process of applying to the Court of Protection to apply for a Deputyship Order. This is far more expensive than getting the LPAs in the first place. It also places additional stress on families, particularly those who need to be able to access money for bills etc.

Another example was that of Kate Garraway who’s husband lost capacity during Covid. Without LPA’s Kate explained how she couldn’t access his accounts to pay bills, school fees etc.

This can all be avoided with an LPA.

Role of the Office of the Public Guardian

The OPG oversees LPAs in the UK, maintaining a secure database, and providing guidance and support throughout the process and ensuring the smooth registration of the d

Roles within an LPA:

There are three principle roles within an LPA:

Certificate Provider: A professional who verifies the donor’s understanding of the LPA and its implications. We often act as your certificate provider. Where there are questions regarding capacity, we may bring in an independent capacity assessor.

Donor: The individual creating the LPA and granting authority to the chosen attorney(s).

Attorney: Trusted individuals appointed to act on behalf of the donor and make decisions according to their wishes.

Who to choose as your Attorney in an LPA:

There are a number of considerations as to who to appoint under an LPA and we can support with these choices, but in short:

Select someone reliable, trustworthy, and aligned with your values and preferences. 

Discuss your intentions with the potential attorney to ensure their willingness and capability to fulfil the responsibilities.

Pick someone who won’t have geographical issues in supporting.

The difference between an LPA and an Enduring Power of Attorney

An LPA replaced the Enduring Power of Attorney (EPA) in October 2007.

EPAs created before this date are still valid, but updating to an LPA provides enhanced safeguards and flexibility.