Lasting Powers of Attorney – FAQs
What is a Power of Attorney?
A Lasting Power of Attorney is a legal document which allows a person (Donor) to nominate one or more persons (Attorney) to make decisions on their behalf during their lifetime.
What are the different types of Powers of Attorney?
General Power of Attorney – This is the simplest document and can only be used to give power over the Donor’s property and financial affairs. This type of document is useful for short-term needs, for example if the Donor is going away and wishes the Attorney to manage their affairs during that time. This does not stop the Donor from managing their own affairs and the Attorney will be accountable to the Donor for whatever decisions or actions made on the Donor’s behalf.
Enduring Power of Attorney – It is no longer possible to make this type of Power of Attorney, however EPAs that were made in previous years will still be valid and will remain so until cancelled or if the Donor dies. An EPA will cover the Donor’s property and financial affairs and will allow the Attorney to make decisions on the Donor’s behalf, but does not stop the Donor making these decisions themselves. However, if the Donor becomes mentally incapable of managing affairs themselves, the power given to the Attorney “endures” through the Donor’s illness so that the Attorney can carry on dealing with the finances on the Donor’s behalf.
Lasting Power of Attorney or Enduring Power of Attorney?
This document has replaced the Enduring Power of Attorney. There are two types of LPAs: “Property and Financial Affairs” and “Health and Welfare.” These documents allow the Attorney to make decisions on the Donor’s behalf in the same way as the EPA did for property and financial affairs, but the second document extends the Attorney’s powers to include decisions relating to the Donor’s health and wellbeing. These documents need to be validated at the Office of the Public Guardian before the power becomes active. Again, if the Donor becomes unable to manage their affairs themselves then the Attorney will continue to make the decisions of the Donor’s behalf.
When can an LPA be made?
The Donor must be over the age of 18 and must understand the following:
- Understand the power they are giving to the Attorney
- Understand the possible consequences of allowing an Attorney to deal with their affairs
- Be aware of their assets and responsibilities
- The document is the Donor’s choice – not because the Attorney is telling them they must.
Can anyone make an LPA for someone else?
If the Donor understands the power they are giving to the Attorney, then no, somebody else cannot make an LPA. If the Donor is mentally capable, then they can make the LPA themselves.
What if addresses change?
A change in address will not affect the document unless the Donor moves outside of the UK
What can an attorney decide?
The powers given under an EPA and a registered LPA for Property and Financial Affairs include:
- Buying and selling their house
- Opening, closing and operating their bank and building society accounts
- Buying, selling and dealing with their investments
- Claiming any benefits that the Donor is entitled to, such as their Pension or Attendance Allowance, and receiving and/or using any such benefits
- The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA
- The Attorney cannot make a Will or vote on the Donor’s behalf
- Unless the Donor gives the Attorney the power to, the Attorney cannot have access to the Donor’s Will.
Those for an LPA for Health and Welfare will include:
- Giving or refusing consent to particular types of healthcare
- Liaising with Social Services about care packages to enable the Donor to stay in their own home, or, if necessary, finding a suitable residential care or nursing home
- Every day decisions such as what the Donor should wear or what meals they will have
- The Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any note of guidance or instruction that the Donor may have included in the LPA
Does anyone else have to know?
Yes. The Donor must appoint someone to act as their Certificate Provider. That is someone who will go through the document with the Donor and ensure they understand the powers they are giving to the Attorney. The Certificate Provider will then sign the document to confirm that they are satisfied that the Donor understands the purpose of the LPA.
It is not compulsory, however it is advisable to notify at least one other person so that they can raise any concerns that they might have about the proposed Attorney at the time of registration.
How many Attorneys can be appointed?
The Donor can appoint as many Attorneys as they wish, however they need to bear in mind that the Attorneys must get along together. The Attorneys deal with specific matters such as:
Joint – All chosen Attorneys must make decisions and sign documents on the Donor’s behalf regardless of the geographical distance between them.
Joint and Individual – Any one of the Attorneys can make decisions and sign documents on the Donor’s behalf without reference to any of the others
A mixture –The Donor may wish for two of the Attorneys to act jointly on decisions concerning a particular matter. The Donor would need to make the instructions clear as to who can do what and when.
Why does anyone need an Attorney?
Whilst someone may be perfectly capable of managing their affairs right now, illnesses and accidents can happen. The preparation of this document forms part of a person’s forward planning.
Quick links
Sign up
Enter your email address for legal updates on Private Client & Family Law.
Related services
Private Client Team
- All departments
- Agricultural Law
- Brexit
- Careers
- Co Co - Employee Share Schemes
- Co Co - Recovery & Insolvency
- Co Co - Restructuring
- Co Co Corporate Governance
- Co Co Corporate lending
- Co Co Financial Services
- Co Co Franchising
- Co Co GDPR
- Co Co in-house legal support
- Co Co International Contracts
- Co Co M&A's
- Co Co MBOs & MBIs
- Co Co Partnership and LLPs
- Co Co Regulatory, Compliance & Competition
- Co Co Shareholders Agreements
- Co Co Terms and Conditions
- Co Co- Intellectual Property
- CoCo - Banking and Finance
- CoCo - New Businsess
- CoCo Competition Law
- CoCo Consumer Law
- CoCo Data Protection - Marketing
- CoCo Data, IT & Technology
- Commercial Law
- Commercial Property
- Construction
- Corporate & Commercial
- Corporate Law
- Debt Recovery
- Dispute Resolution
- Disputes - Business
- Disputes - Declarations of trust
- Disputes - Probate and inheritance
- Disputes - Professional negligence
- Disputes - Restrictive Covenants
- Disputes - Shareholders & Partnership
- Disputes - Tenants in Residential Property
- Disputes - Wills, trusts & probate disputes
- Disputes and Small Claims
- Disputes Construction
- Disputes with Co-owners
- Divorce
- Employee - Termination
- Employer - Termination
- Employment
- Employment - Business protection
- Employment - Collective consultations
- Employment - Contracts, services, consultancy
- Employment - Employee benefits
- Employment - Employee Procedures
- Employment - Equality, discrimination and harassment
- Employment - Family Friendly Rights
- Employment - GDPR and Data Protection
- Employment - Post employment obligations
- Employment - Redundancy & Reorganisation
- Employment - Settlement Agreements
- Employment - Tribunal Claims
- Employment - TUPE
- Employment - Wages, holiday and sick pay
- Employment - Workers rights
- Employment Tribunal claims
- Estate Administration
- Expat Legal Services
- Family Law
- Financial Services
- GDPR
- Help to Buy
- Immigration law
- International Legal Services
- Key Property Contacts
- Land and Property Disputes
- Land, development and construction
- Lasting Powers of Attorney
- Leasehold
- Licensing Law
- Money, Tax and Inheritance
- New Build Conveyancing
- Private Wealth and Inheritance
- Professional Negligence
- Property Finance
- Property Law
- Residential Property
- Residential Property - Completions
- Residential Property - Shared Ownership
- Trainee Solicitor
- Wills, Trusts & Probate
Latest news & insights
Why should you make a Will?
When the time arrives, do you know how much difference having a Will in place can make to your loved ones? And yet, most adults in this country have not made a Will.
I am going to inherit some money…what do I do?
Charitable Trustees should seek to maximise the return on their investments; except where the investment is in explicit conflict with the Charity’s purposes.
Q&A: Understanding Power of Attorney
By having a Lasting Power of Attorney (LPA) in place, it allows you to appoint one or two close friends or relatives to make decisions.
What happens to My Bitcoins when I die?
The lack of a central registry means that without having direct access to the virtual wallet valuing and indeed paying any tax due becomes impossible.
Funeral Disputes and the rights to your body
Rights to the body and funeral disputes are not uncommon. Disputes arise over concern about the final resting place of the deceased.
What happens to digital assets when you die?
Our increasing concern about security, privacy and protecting our identities online means that people are taking more care securing their digital assets…
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.
Email: info@herrington-carmichael.com
Farnborough
Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR
Reading (Appointment only)
The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA
Ascot (Appointment only)
102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY
London (Appointment only)
60 St Martins Lane, Covent Garden, London WC2N 4JS
Privacy Policy | Legal Notices, T&Cs, Complaints Resolution | Cookies | Client Feedback | Diversity Data
Our Services
Corporate Lawyers
Commercial Lawyers
Commercial Property Lawyers
Conveyancing Solicitors
Dispute Resolution Lawyers
Divorce & Family Lawyers
Employment Lawyers
Immigration Law Services
Private Wealth & Inheritance Lawyers
Startups & New Business Lawyers
Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.
© 2024 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.