Planning for the future is one of the most important steps we can take to protect ourselves and our loved ones. One way to do this is by setting up a Lasting Power of Attorney (LPA). It ensures that if you are ever unable to make decisions for yourself, someone you trust can make them on your behalf.
At Splendid Healthcare, we often support individuals and families who are thinking about their long-term wellbeing and care options. Understanding how a Lasting Power of Attorney works can give you peace of mind and help you make informed decisions before they are needed.
Understanding Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people, known as attorneys, to make decisions for you if you lose mental capacity or choose to delegate those decisions.
It’s an important part of future planning, especially for those with ongoing health concerns or anyone who wants to ensure their wishes are respected in later life. An LPA can be set up by anyone aged 18 or over while they still have mental capacity.
There are two main types of LPA in the UK, each covering different aspects of your life.
1. Health and Welfare LPA
A Health and Welfare LPA gives your attorney the authority to make decisions about your personal health and wellbeing. This could include:
- Where you live (for example, whether you move into a care home)
- Your daily routine, including meals, activities, and personal care
- Medical treatment decisions, including life-sustaining treatment
- Decisions about end-of-life care
This type of LPA can only be used once you lose mental capacity, meaning your attorney cannot make decisions for you while you are still able to do so.
If you or a loved one are considering residential or nursing care in the future, this type of LPA helps ensure care preferences are respected. You can learn more about our approach to care planning through our compassionate and person-centred services.
2. Property and Financial Affairs LPA
A Property and Financial Affairs LPA allows your attorney to manage your finances and property. This might include:
- Paying bills, rent, or mortgage
- Managing bank accounts and savings
- Handling investments or pensions
- Selling or maintaining your property
This type of LPA can be used both before and after you lose capacity, depending on how you choose to set it up. It’s particularly helpful for older adults or those managing complex finances who want support from a trusted family member.
Why Setting Up an LPA Matters
Life can change unexpectedly. Illness, injury, or conditions such as dementia can affect your ability to make decisions in the future. Without a valid LPA in place, your loved ones may need to apply to the Court of Protection, which can be time-consuming and expensive.
Creating an LPA while you are still able ensures:
- Your wishes are followed
- Your family has clear authority to act on your behalf
- Financial and medical decisions can be made quickly and without delay
- Peace of mind for everyone involved
It’s a simple but powerful way to stay in control of your future.
Who Can Be Your Attorney?
Choosing your attorney is a very personal decision. You can appoint one person or multiple people to act together. Many people choose:
- A spouse or partner
- A close family member
- A trusted friend
- A professional advisor, such as a solicitor
Your attorney must be someone who is responsible, trustworthy, and understands your values and preferences. It’s best to have an open conversation before setting up the LPA so that everyone is clear on what is expected.
How to Set Up a Lasting Power of Attorney
You can create an LPA yourself by completing the official forms available on the GOV.UK website, or you can get help from a solicitor or legal advisor to make sure everything is completed correctly.
The process usually involves:
- Choosing your attorney(s) and confirming their willingness to act.
- Completing the LPA forms for either or both types of LPA.
- Getting the LPA signed and witnessed by an independent person.
- Registering the LPA with the Office of the Public Guardian (OPG) before it can be used.
It typically costs £82 per LPA to register, although you may qualify for a reduction based on your income.
When Does an LPA Come Into Effect?
For Health and Welfare LPAs, the document only comes into effect if you lose mental capacity. For Property and Financial Affairs LPAs, you can choose for it to take effect immediately or only after you lose capacity.
Capacity is assessed based on whether you can understand, retain, and communicate information about a decision. If you lose the ability to make decisions, your attorney will then be able to act in your best interests.
Common Misunderstandings About LPA
There are a few misconceptions that often cause confusion:
- “My family can automatically make decisions for me.” In reality, this is not the case without a registered LPA.
- “It’s only for older people.” Anyone over 18 can set up an LPA. Life events like illness or accidents can happen at any age.
- “It’s expensive or complicated.” While there is a small registration fee, setting up an LPA is straightforward and can be completed online or with professional support.
At Splendid Healthcare, we regularly guide families through planning discussions and can connect you with professional advice where needed.
How Splendid Healthcare Supports Families
Our team at Splendid Healthcare understands the emotional and practical challenges involved in planning for future care. We work closely with residents and their families at our homes to ensure their wishes are respected and that care decisions align with their LPA arrangements.
Whether you are exploring Residential Care at our Upper Mead care home or need support for a loved one living with dementia, we provide compassionate care that promotes independence, dignity, and peace of mind.
