What's a lasting power of attorney and why do you need one?

An LPA is a legal document that lets you choose people you trust to act on your behalf. If anything happens in the future that means you can’t make important decisions, such as loosing capacity, they’ll be able to act with your best interests at heart.

There are two different types of LPA:

1. Financial LPA – this covers decisions about your home and how your money is managed

2. Health and Welfare LPA – this covers decisions about your health, lifestyle and medical treatments

Your will sets out what you want to happen to your accounts and property after you die, and it also appoints executors to take responsibility for those things for you.

An LPA sets out the instructions you want people to follow while you’re still alive, in case you can’t make decisions for yourself. These people are called your “attorneys”.

Your attorneys should be people over 18 who you trust to act in your best interests, such as:

• Your partner, wife or husband

• Your child, if they’re over 18

• Your sister or brother

You can appoint up to four attorneys, as well as replacement attorneys who step in if your original choices can’t act. Most people choose two attorneys with one or two backups – but it’s entirely up to you.

You can use the same attorneys for both types of LPA, or choose different people for each. Some people prefer this if they feel certain decisions are better suited to particular individuals.

If you have an accident or illness that means you can’t look after your affairs anymore, your next of kin can’t automatically make decisions for you unless you have a LPA.

If someone needs to step in and you don’t have one in place, your family would usually need to apply to the Court of Protection to become a deputy. This can take months and can be a costly legal process, often costing over £1,000.

You can choose to include legal instructions about your health and finances in your LPAs, such as:

• My attorneys must not sell my home unless, in my doctor’s opinion, I can’t live independently anymore

• My attorneys must continue donating to charities I’ve supported or have a standing order with

It can also include some non-legal guidance for your attorneys. These are designed to help them make decisions for you, and can include things like:

• I’d like my attorneys to speak to my doctor if they think I can no longer make decisions about my home

• I’d like to spend time outdoors at least once a day

It’s never too early to protect your future, so many people choose to make an LPA once they know who they trust to make decisions on their behalf if needed. For most people, this is a natural next step after making a will.

There’s also a government fee of £92 per LPA (so £184 for both), which you pay directly to the Office of the Public Guardian when you register your documents. You may be eligible for a reduction or exemption on these fees depending on your financial circumstances

With Farewill, we guide you through everything in plain English and prepare your documents for you — so you can feel confident it’s been done properly.

Once your documents are ready, we’ll show you exactly how to sign them. If you’d like, you can send us photos of your signed documents and we’ll check them for common mistakes before you send them off.

You’ll still register the documents yourself with the Office of the Public Guardian, but we’ll guide you through what to do.

You can also create a LPA yourself using the government website. Some people choose this, but many prefer having a bit of support to help them get everything right.

An LPA gives the people you trust the legal authority to make decisions if you’re ever unable to.

Without one, your family may need to apply to the Court of Protection to step in. This can take months and can be costly.

Putting one in place now helps make things much simpler for the people around you — and gives you peace of mind that your wishes are clear.

• If you lose the ability to make decisions and don’t have a lasting power of attorney in place, your family can’t automatically make decisions for you

• In that situation, they would usually need to apply to the Court of Protection to become a deputy — which can be a long and expensive process

• Your LPA can include legal instructions you want your attorneys to follow, along with some non-legal guidance to help them make decisions for you