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What is Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document made by a person (the donor) before he or she loses capacity to be able to make decisions for themselves. In an LPA the donor gives another person (the attorney) the power to be able to make decisions on their behalf.

There are two types of LPA

  1. Health and welfare which covers decisions about medical treatment, care and residence amongst other things.
  2. Property and affairs which covers the management of property and finances.

An LPA is not effective until it has been registered with the Office of Public Guardian. The Office of Public Guardian is an agency which helps attorneys and deputies carry out their duties and protects the person who lacks capacity to make decisions for themselves.

Anyone aged 18 or over with the capacity to understand the nature and meaning of the document can make an LPA. The attorney must be 18 or over, have mental capacity and not be bankrupt. The attorney must act within the scope granted by the LPA. For more information about LPA's follow this link

You may have also heard the term Enduring Power of Attorney (EPS). Lasting Powers of Attorney replaced these and EPAs can no longer be created.  However any Enduring Powers Attorney created before 1st October 2007 are still valid.

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