Lasting Powers of Attorney: what is it and who should have it?


Lasting Powers of Attorney (LPAs) came into effect in October 2007 as part of the Mental Capacity Act. It is a legal document which lets you appoint someone (or multiple people) whom you trust to act on your behalf in different areas of your life.

If you do not have an LPA and you become unable to make decisions following, for example, an illness or accident, it could cause problems when bills need to be paid and deciding on future care.

Anyone over the age of 18 can have a LPA. It is sensible for people in potentially dangerous jobs that might cause them to lose mental capacity (such as firefighters and construction workers), to have an LPA ready, just in case they have an accident at work that leaves them incapacitated (for example, in a coma) and need people to make decisions for them.

You do not need a solicitor to complete an LPA form, but it is a powerful legal document so it’s a good idea to seek robust advice from a trusted source such as Vincent & Co if you are unsure about how to fill in the forms. The forms can be completed online or on paper.

You will need the following:

The Attorneys, who have to be aged 18 or over and could be a relative, friend, spouse, partner, or professional person such as an accountant.

You must appoint someone who has the mental capacity to make their own decisions, and you need to think about:

  • how well they look after their own affairs, for example their finances
  • how well you know them
  • if you trust them to make decisions in your best interests
  • how happy they will be to make decisions for you.

Witnesses who must be aged 18 or over.

A Certificate Provider who must also be 18 or over, and who confirms you are making the LPA by choice and you understand what you are doing.

Be prepared for your future by making sure you have an LPA. Call Vincent & Co. on 01803 500500 and a member of our friendly team will arrange for a confidential conversation with you.


Leave a Reply

Your email address will not be published. Required fields are marked *