Lasting power of attorney

Two types, two documents

You can make one or both. Many families make one and forget the other.

• Property and financial affairs

  Bank accounts, bills, benefits, pensions and selling a home. Can be used once registered, with your permission.

• Health and welfare

  Daily routine, medical care, moving into a care home and life-sustaining treatment. Only used once you can’t decide.

• Separate documents

  Each has its own fee. One gives no authority under the other.

• England and Wales

  Scotland and Northern Ireland have their own arrangements.

The people involved

• The donor

  The person making it. They must be 18 or over and have capacity.

• Attorneys

  One or more people they trust. They can say whether attorneys must decide together or can act alone.

• Replacement attorneys

  Optional. They step in if an attorney can no longer act.

• A certificate provider

  Confirms the donor understands and is making it by choice. Someone who has known them well for two years, or a professional such as a GP or solicitor. Not an attorney.

• Witnesses

  Aged 18 or over. An attorney can’t witness the donor signing.

• People to notify

  Optional. They are told when it’s registered and have three weeks to raise concerns.

Making and registering one

1. 1

   Choose the attorneys

   Talk to them first, so they know what’s involved and are willing.

2. 2

   Fill in the forms

   Online at GOV.UK, which guides you through each step, or on paper. Someone else can fill them in for you.

3. 3

   Print and sign

   Everyone signs the same original document, in order: the donor, then the certificate provider, then the attorneys. Copies and digital signatures aren’t accepted.

4. 4

   Tell anyone you chose to notify

   Send them the notice form before you register.

5. 5

   Register it

   Send the signed original and the fee to the Office of the Public Guardian. It can’t be used until it’s registered.

6. 6

   Allow 8 to 10 weeks

   If there are no mistakes. Then tell the bank, the GP and anyone else who needs to know.

What it costs

• £92 per document

  So £184 to register both types.

• Less on a low income

  You may get a reduction if you earn less than £12,000 a year.

• Nothing on some benefits

  You may be exempt if you get certain means-tested benefits.

• If there’s a mistake

  You may be able to correct it and apply again within three months for £46.

If it’s too late to make one

• The Court of Protection

  Family can apply to become a deputy to manage money or welfare. It’s slower and costs more, including a yearly fee of £320 in most cases.

• Health and care decisions

  Without an attorney, doctors and social workers decide in the person’s best interests, after talking to family.

• Money

  Banks may not let family act on someone’s accounts, even with good intentions.

How decisions are made

The Mental Capacity Act 2005 applies to everyone who makes decisions for someone else, including attorneys.

• Assume capacity

  Everyone is assumed able to decide unless shown otherwise.

• Help them decide

  Give every practical help, such as simpler words or a better time of day.

• Unwise isn’t incapable

  A decision others disagree with doesn’t mean someone lacks capacity.

• Best interests

  Decisions made for someone must be in their best interests, with their wishes at the centre.

• Least restrictive

  Choose the option that limits their rights and freedom least.

Local help with legal matters

Later-life solicitors, financial planners and charities near them.

Help is a phone call away

• Office of the Public GuardianLPA forms and registration. Weekdays from 9am, Wednesdays from 10am0300 456 0300
• Age UK Advice Line8am to 7pm, every day0800 678 1602
• Age UK CheshireLocal information and advice01625 612958
• Citizens Advice Cheshire EastBenefits and money advice0808 812 6186
• A Fingerpost navigatorLeave your details and we’ll call you, freeAsk for a call back