Lasting power of attorney
A Lasting Power of Attorney (LPA) allows you to give someone you trust the legal power to make decisions on your behalf in case you later become unable to make decisions for yourself or communicate them.
The person who makes the LPA is known as the 'donor' and the person given the power to make decisions is known as the 'attorney'.
There are two different types of LPA:
- a LPA for Property and Financial Affairs, which covers decisions about money and property;
- a LPA for Health and Welfare, which covers decisions about health and personal welfare including medical treatment.
A LPA can only be drafted when you have capacity and can only be used, unless stated otherwise, when you lack mental capacity.
A LPA can only be used after it has been registered and sealed by the Office of the Public Guardian.
For more information visit Lasting Power of Attorney or call 0300 456 0300.
Planning Ahead – Lasting Power of Attorney
Deputyship
If you do not have mental capacity to make decisions for yourself or understand the consequences of your decisions and do not have a LPA, another person (e.g. a close relative or friend) or organisation (e.g. the Council, an accountant or a solicitor) will need to apply to be your deputy.
Being a Next of Kin does not give you the legal authority to make decisions on behalf of another adult.