Lasting Power of Attorney (LPA)
A legal document letting a person (the 'donor') appoint one or more 'attorneys' to make decisions on their behalf, including after they lose mental capacity. Two types exist — health and welfare, and property and financial affairs — and an LPA only takes legal effect once registered with the Office of the Public Guardian.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Official guidance defines the document and its purpose together: 'A lasting power of attorney (LPA) is a legal document that lets you (the "donor") appoint one or more people (known as "attorneys") to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you "lack mental capacity").' There are '2 types of LPA:' 'health and welfare' and 'property and financial affairs', and a donor 'can choose to make one type or both.' An LPA made this way 'will be legally binding only in England and Wales' — separate arrangements apply for Scotland and Northern Ireland.
Eligibility to make one is set deliberately low, but capacity is essential: 'You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA', and 'You do not need to live in the UK or be a British citizen to make an LPA.' The document has no legal effect until formally registered: applicants must 'Register your LPA with the Office of the Public Guardian (this will take 8 to 10 weeks if there are no mistakes in the application)', and 'Applying to register an LPA costs £92 unless you get a reduction or exemption.'
Related terms
Official sources
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