Lasting power of attorney: why to set one up early

A lasting power of attorney (LPA) is a legal document that lets you choose someone you trust, called an attorney, to make decisions on your behalf if you are no longer able to.

The two types

• Property and financial affairs. Covers things like paying bills, managing bank accounts and selling a house. With your permission, it can be used while you still have mental capacity.
• Health and welfare. Covers decisions about daily care, medical treatment and where you live, including moving into a care home. It can only be used once you can no longer make the decision yourself.

You can make one or both.

Why do it early

You can only make an LPA while you have the mental capacity to understand it. If someone loses capacity, for example because of dementia, and has no LPA, their family may need to apply to the Court of Protection to become a deputy. This takes longer and costs more.

How to make one

You can make an LPA online on GOV.UK or using paper forms. It must be signed by you, a certificate provider who confirms you understand it, the attorneys and witnesses. It then has to be registered with the Office of the Public Guardian before it can be used. There is a fee to register, with reductions for people on low incomes. Check GOV.UK for the current fee.

You do not need a solicitor, although some people choose to use one.

Choosing attorneys

Choose people you trust to act in your best interests. You can choose more than one, and decide whether they must make decisions together or can act separately.

Tell people your wishes

An LPA works best when your attorneys know what matters to you. Talk to them about your wishes for care, and write them down.

If there is no LPA

If someone cannot make a decision and has no LPA, decisions about care must be made in their best interests under the Mental Capacity Act 2005, involving the people who know them.

See also: signs it may be time to think about a care home.