Lasting Power of Attorney
- Location: Age UK Bath & North East Somerset
- Price: Free
Email: bathnes.thehub@hcrgcaregroup.com
Telephone: 0300 247 0050
Planning ahead can feel daunting, but setting up a Lasting Power of Attorney can give you more choice and reassurance about the future. Here you can find information about what a Lasting Power of Attorney is, the different types, and how to set one up.
What is Lasting Power of Attorney?
Setting up a power of attorney gives someone you trust - your ‘attorney’ - the legal authority to make decisions on your behalf if time comes when you cannot make them yourself. Before we share more about the different types of attorney, we need to discuss mental capacity.
Mental Capacity
Mental Capacity means having the ability to make a certain decision at the time it needs to be made. You can lack the capacity for a decision if you’re unable to do one or more of the following:
➤ understand the information relating to the decision
➤ weigh up that information
➤ remember the information long enough to make a decision
➤ communicate your decision (whether by saying it, using sign language, or by other means)
A lack of capacity could be temporary, it could fluctuate, or it could be permanent. It also doesn’t apply to all aspects of someone’s life. A person could still decide what they want to wear or eat, but not be able to manage doing a food shop and all the decisions and planning it requires. Even if someone’s capacity is changing or has changed, it is still important to include them in the decision-making process as much as they can understand. A diagnosis, for example, of dementia, doesn’t automatically remove someone’s capacity. Someone with dementia could have the capacity to make decisions for a long time after diagnosis.
Until a person has been deemed to lack capacity, it must be assumed that the person is capable of making their own decisions, even if they are making choices you don’t agree with
You can find out more about mental capacity:
Types of Lasting Power of Attorney
There are 2 types of LPA: one for financial decisions and one for health and care decisions. You can make either type of LPA or both. For either type, you can appoint one or more attorneys.
You can only make an LPA if you have capacity. As part of the process of setting one up, a ‘certificate provider’ checks that you understand what the LPA is and that you haven’t been pressured into making it.
LPA for financial decisions
Your attorney(s) can make decisions about such things as:
➤ Selling your home
➤ Paying your mortgage and bills
➤ Arranging repairs to your home
You can decide:
When you want this LPA to start, this could be before your capacity changes, or it might only begin if and when you lose capacity.
Whether your attorney(s) can make all financial decisions on your behalf or only certain types of decisions.
Your attorney(s) must keep your money separate from theirs and keep accounts to show this.
You can ask for regular updates on how much money you have and how much has been spent. You can also have these updates sent to another family member or your solicitor.
LPA for health & care decisions
Your attorney(s) can make decisions about such things as:
➤ Where you live
➤ Your medical treatment
➤ The care and support you receive
➤ Who you have contact with
➤ What kind of social activities you take part in
You can decide:
Unlike the financial LPA, this can only take effect once you no longer have mental capacity.
When you set up this LPA, you need to choose whether to give your attorney(s) the authority to make decisions about life-sustaining treatment.
If you lose mental capacity and don’t have this type of LPA in place, any decisions about your health and care will be made by the professionals relevant to your situation - such as your doctor or your local council’s social services department. If appropriate, they must consult your family (or anyone else with an interest in your welfare) - but the final decision if that’s in your best interest, lies with them
How to set up Lasting Power of Attorney
Get LPA forms and an information pack from the Office of the Public Guardian. You can download the forms or fill them in online (below). To request the forms by post call 0300 456 0300
https://www.gov.uk/government/publications/make-a-lasting-power-of-attorney
You can fill out the forms yourself. It is important to be careful because mistakes might mean your LPA is rejected and you need to pay a fee later to reapply. You can choose to ask a solicitor to help you; it is more costly, but it can be reassuring to have the legal expertise.
The Office of the Public Guardian has a step-by-step guide to completing the forms on their website, or you can call them for assistance. You might want to ask a trusted family member or friend to help you.
The ‘Certificate Provider’ is someone who confirms that you understand what the LPA is, and that you haven't been put under any duress or pressure to sign it. This must either be a person you’ve known well for at least 2 years, or a professional such as a doctor, social worker, or solicitor. You cannot ask your partner, spouse, or other family member to sign.
Once the LPA form is completed and signed, it must be registered with the Office of the Public Guardian before it can be used. The registration process can take several weeks.
Costs
There are costs involved with setting up an LPA. As of November 2025, then it cost £92 per LPA registered. However, if you are on a low income (under £12,000 per year) you may be eligible for a 50% discount, and if you are in receipt of certain benefits, you may not have to pay at all.