Lasting Power of Attorney: Frequently Asked Questions

What is an LPA?

A Lasting Power of Attorney sometimes called an LPA is a legal document.

What are the benefits of making an LPA?

It allows you to appoint someone of your choice called your attorney to help you if and when necessary.

Who can make an LPA?

Any person over the age of 18 who has full mental capacity can make an LPA.

How do I make an LPA?

We at CP Law will be pleased to help you make your LPA and discuss the up-to-date procedure and costs with you.

How does it work?

Once your LPA has been registered with the Office of the Public Guardian it allows your attorney to help you manage your property and financial affairs and or take decisions about your health and personal welfare.

Who can be my attorneys?

Anybody who has mental capacity, is over the age of 18 and is not a declared bankrupt can act as an attorney. If you do not want to burden family and friends then you could appoint a professional person.

Can I appoint C P Law Solicitors to act for me?

We will be very pleased to assist you with your property and financial affairs and will be pleased to discuss this with you further.  In line with Law Society and Solicitors for the Elderly recommendations we will not be able to act for you under an LPA relating to your health and personal welfare but you may like to consider making an Advance Directive and we will be pleased to discuss this with you further.

Can I appoint 2 attorneys?

Yes you can. You can appoint as many attorneys as you want, although they must be over the age of 18. In fact we recommend that you consider appointing more than one attorney or otherwise a replacement attorney and will be pleased to discuss the choice and appointment of your attorney/s with you further.

Can my daughter or son make an LPA on my behalf?

No. Only you can make the LPA.

My son lives abroad, can he still be an attorney?

Yes he can – however consider whether this will be practical. We will be pleased to discuss this with you further.

Can I use the LPA at once?

No. It must be registered with the OPG before it can be used. This involves lodging your LPA with the OPG together with a registration fee.  It will take approximately 12 weeks for the registration formalities to be completed.

What if I already have an Enduring Power of Attorney?

You can continue to use existing EPA’s but it is no longer possible to make a new EPA. It is not possible to change an EPA into an LPA.

Can a married couple have a joint LPA?

As LPA’s are personal to each Donor it is a requirement that each person wanting an LPA has their own.

Can you cancel a Lasting Power of Attorney?

You can cancel your LPA if you have the mental capacity to do so. If there is a dispute about whether your LPA has been cancelled, the Court of Protection has the authority to make a decision. The LPA for Property & Financial Affairs is automatically revoked if either the donor or Attorney(s) are made bankrupt. Also, if the donor names their spouse or civil partner as an Attorney then divorce or dissolution automatically revokes the LPA.

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