It’s important to note that free online Lasting Power of Attorney forms rarely accord with your personal wishes.
The Lasting Power of Attorney (also called an LPA) gives another person legal authority to make financial or personal healthcare decisions on your behalf.
There are various circumstances that may lead to the need for a Lasting Power of Attorney.
The most common is the loss of the mental capacity to make decisions about your life. This may be due to old age and declining cognitive abilities. Other cases may be due to physical and terminal illnesses, as well as the desire to simply not want to deal with such responsibilities.
However, anyone can fall ill or have an accident. Having a Lasting Power of Attorney ensures that the right person is taking care of your needs with your best interests in mind.
In this article, we present what a Lasting Power of Attorney entails and why it is advisable to prepare this document through a professional service.
UK's Top Choice for Creating an LPA
Try out for free!
Lasting Power of Attorney Helps to Anticipate the Future
The Mental Capacity Act 2005 is a crucial piece of legislation in the United Kingdom that provides a legal framework for decision-making on behalf of individuals who may lack the mental capacity to make certain decisions for themselves. This act was established to safeguard the rights and interests of individuals who are unable to make decisions due to mental incapacity, whether temporarily or permanently.
One of the key provisions of the Mental Capacity Act 2005 is the creation of Lasting Powers of Attorney (LPAs), which are categorised into two distinct types: Property and Financial Affairs LPA and Health and Welfare LPA.
A Lasting Power of Attorney (LPA) is a crucial legal instrument that grants someone you trust the authority to make healthcare decisions on your behalf should you lose the capacity to do so. Or, an LPA can be used to allow someone you trust to make financial decisions on your behalf should you lack the capacity or desire to do so.
Lasting Power of Attorney Forms: Understanding the Implications
Given its significance, it's essential to thoroughly understand and carefully review your LPA before finalising it.
As mentioned, there are two types of Lasting Powers of Attorney (LPAs): one for Financial Matters and one for Health and Welfare. We will delve more in-depth into what these forms entail.
1. Property and Financial Affairs LPA
An LPA for property and financial affairs grants the chosen attorney the ability to make decisions on your behalf about your property, finances, and other related matters.
This means they have the authority to manage your bank accounts, pay bills and even buy or sell your property. Basically, the LPA outlines who will responsibly take care of your finances.
For example, Property and Financial Affairs LPA includes:
- daily banking
- personal finances
- buying and selling property
2. Health and Welfare LPA
An LPA for health and welfare is for people who lack the mental capacity to make decisions about their health and welfare in general. So, the attorney has the authority to make welfare, healthcare and medical treatment decisions on your behalf, as provided for in the LPA.
For example, a Health and Welfare LPA includes:
- living conditions
- who you have contact with
- the best medical treatments for you
Why Get an LPA?
There are many reasons why someone would want to have an LPA. Here are some of their best and most popular arguments:
- Unpredictable accidents or illnesses can result in people not being able to make decisions for themselves. This is one way to prepare for that.
- The risk of cognitive impairment increases as we grow older, so it is necessary to think about possible future scenarios.
- Family members may have to go through lengthy and costly court proceedings if they do not have an LPA to make decisions on your behalf.
Read more on how to use a Lasting Power of Attorney
Getting Started With Your LPA
When preparing for the future, understanding the terminology and procedural requirements of a Lasting Power of Attorney (LPA) is vital. It's crucial to be aware of the roles involved, the importance of mental capacity in the process, and the specific steps needed to legally formalise this critical safeguard.
Here, we break down the essential terms and outline what's required to ensure your LPA is valid and reflective of your wishes.
Terminology explained:
- Donor: The person making the LPA is called a donor.
- Attorney: The person appointed to act on behalf of the Donor is called an attorney.
Anyone Over 18 Can Make an LPA
An LPA can be made by an adult who is fully competent. Being fully competent means that the person making the LPA understands its content and significance.
You must have the mental capacity to sign your LPA. So, if you know you’ll be incapacitated soon, consider voluntarily choosing who you want to appoint as your attorney(s).
Aatos Customer Feedback
⭐️⭐️⭐️⭐️⭐️ “Very easy and understandable instructions for drafting a lasting power of attorney. It's not difficult to use the service and it's quick to do. It's worth doing in advance to get it exactly as you have envisioned.” - Will
Often, the LPA is made at a later age. However, a LPA can also be beneficial in the event of an accident or sudden illness. In these cases, the appointed person can manage tasks such as paying rent, handling bills, or managing private business activities when the individual is temporarily unable to do so themselves.
The process involves completing a Lasting Power of Attorney form provided by the government. For health and welfare decisions this is called an LP1H and for finance decisions the form is called LP1F. You can also create your LPA with a solicitor or you can use an online legal service to guide you through the entire process, which can be confusing.
In all cases, your LPA will need to be witnessed - this helps prevent fraud, coercion, or undue influence in the creation of the LPA, ensuring that the donor's wishes are respected and upheld.
The Witness CAN Be:
✅ Any person who is not a party to the LPA: This means that the witness cannot be someone who is named as an attorney or a replacement attorney in the LPA.
✅ Someone who is over 18 years old: Witnesses must be adults.
✅ Someone who has mental capacity: Witnesses must be of sound mind - they must be capable of understanding the nature of the document being signed.
✅ Someone who is not under the influence: The witness should not be under the influence of alcohol or drugs while witnessing the signing of the LPA.
✅ Someone who is not coerced or pressured: The witness should not be under any pressure to witness the document.
The Witness CAN’T Be:
🚫 A family member: Family members of the person creating the LPA, including spouses, civil partners, children, grandchildren, parents, or siblings, cannot act as witnesses.
🚫 A person under 18 years old: Minors cannot act as witnesses.
🚫 Someone lacking mental capacity: People who lack the mental capacity to understand the nature of the document cannot be witnesses.
🚫 Someone not present during the signing
🚫 Witnesses must be physically present during the signing of the LPA; remote witnessing is not permitted.
The LPA also needs to be signed by a certificate provider. This is a person who confirms that the donor understands the nature and scope of the LPA and is making the decision to grant power voluntarily and without undue influence.
The certificate provider can be someone who has known the donor personally for at least two years or someone with relevant professional skills and expertise, such as a doctor, solicitor, or social worker. Their role is to assess the donor's mental capacity and ensure that they are fully aware of the implications of creating an LPA.
It should be noted that the Attorney can only act within the scope of what is explicitly included in the LPA. The document confers only those rights that are expressly stipulated within it.
Lasting Power of Attorney Forms and Templates
Below, we provide a basic template for an LPA form. The template provided serves merely as an illustrative example to demonstrate what a Lasting Power of Attorney (LPA) should include in practice. It's essential to ensure that all necessary information is accurately recorded to make the LPA legally valid and enforceable.
It's important to remember that basic templates often fall short of meeting the unique needs of individuals, as well as the government who will need to register your LPA after confirming that it is legally valid. If the LPA is not deemed legally valid then it cannot be registered, meaning that it cannot be used.
Both the Property and Financial affairs LPA as well as the Lasting Power of Attorney for Health and Welfare templates are similar.
Use the following information as a starting point to understand what needs to be included in your LPA in order for it to be valid. Again, we emphasise that this is simply a basic guide to help you understand more about what needs to be included in your LPA.
Lasting Power of Attorney for Financial Decisions: Example
Donor's Information:
Full name:
Address:
Date of birth:
Email: (optional)Attorney's Information:
Full name(s) of appointed attorney(s):
Address(es):
Date of birth(s):
Email(s): (optional)Replacement Attorney (if applicable):
Full name(s) of appointed attorney(s):
Address(es):
Date of birth(s):
Email(s): (optional)How the Attorney Should Make Decisions
Choose 1 of the following options:
- [I only appointed one attorney] (option 1)
- [Attorney(s) should make decisions Jointly and Severally] (option 2)
- [Jointly] (option 3)
- [Jointly for some decisions, Jointly and Severally for other decisions] (option 4)
People to Notify (optional):
Insert Details of individuals or organisations to be notified when the LPA is registered.
Instructions and Preferences:
Insert Specific instructions and or preferences for the attorney(s). For example, the donor may have preferences that they would like the attorney(s) to follow where possible, or instructions that they must follow when making financial decisions.
When attorney(s) can make decisions
Select 1 option:
- [Upon LPA registration] (option 1)
- [When the donor loses mental capacity] (option 2)
Donor Signature
Insert statement confirming that the donor has:
- Read the LPA and understands it
- Appoints and gives the attorney(s) the authority to make decisions about the donor’s property and financial affairs, as stipulated in the LPA and subject to the provisions of the Mental Capacity Act 2005
- Agrees to the information provided in the LPA being used by the Office of the Public Guardian in carrying out its duties
- They have either appointed people to notify or chosen not to notify anyone when the LPA is registered
Donor Signature: [Donor Signature - to be signed in black ink].
Date: [Signature date].Witness Full Name: [Full name of witness].
Witness Address: [Full address of witness including postcode].
Witness Signature: [Signature of independent witness signed in black ink].Certificate Provider Signature
Insert statement from the ‘certificate provider’ confirming that:
- They are over 18
- They have read the LPA
- There’s no restrictions on them acting as certificate provider
- They have known the donor for more than 2 years or been chosen due to having relevant professional skills and expertise
- They have discussed the lasting power of attorney (LPA) with the donor who understands what they are doing and that nobody is forcing them to do it
- There is nothing else which would prevent the LPA from being created
Certificate provider’s full name: [Insert certificate provider’s name]
Certificate provider’s full address: [Insert certificate provider’s address]
Certificate provider’s signature: [Signature of certificate provider signed in black ink].
Date: [Signature date.]Attorney(s) signature(s)
The Attorney(s) sign and make a statement confirming that:
- They are over 18
- They have read the LPA and understand they have a duty to act based on the principles of the Mental Capacity Act 2005 and to have regard to the Mental Capacity Act Code of Practice
- They must make decisions and act in the best interests of the donor
- They must take into account any preferences or instructions given in the LPA
- They can make decisions and act only when the LPA has been registered and at the time indicated in the LPA.
Further statement by a replacement attorney: I understand that I have the authority to act under this LPA only after an original attorney’s appointment is terminated. I must notify the Public Guardian if this happens.
The Attorney(s) Signature: [Signature - to be signed in black ink].
Date: [Signature date.]
Attorney(s) Full Name: [Full name of Attorney].Witness Signature: [Signature of independent witness signed in black ink].
Witness Full Name: [Full name of witness].
Witness Address: [Full address of witness including postcode].
---------------------------
Lasting Power of Attorney for Health and Welfare Decisions: Example
Donor's Information:
Full name:
Address:
Date of birth:
Email: (optional)Attorney's Information:
Full name(s) of appointed attorney(s):
Address(es):
Date of birth(s):
Email(s): (optional)Replacement Attorney (if applicable):
Full name(s) of appointed attorney(s):
Address(es):
Date of birth(s):
Email(s): (optional)How the Attorney Should Make Decisions
Choose 1 of the following options:
- [I only appointed one attorney] (option 1)
- [Attorney(s) should make decisions Jointly and Severally] (option 2)
- [Jointly] (option 3)
- [Jointly for some decisions, Jointly and Severally for other decisions] (option 4)
Life sustaining treatment
Choose 1 option:
- I give my attorney(s) authority to give or refuse consent to life-sustaining treatment on my behalf (option1)
- I do not give my attorney(s) authority to give or refuse consent to life-sustaining treatment on my behalf (option 2).
Donor Signature: [Donor Signature - to be signed in black ink].
Date: [Signature date].Witness Signature: [Signature of independent witness signed in black ink].
Witness Full Name: [Full name of witness].
Witness Address: [Full address of witness including postcode].People to Notify (optional):
Insert Details of individuals or organisations to be notified when the LPA is registered.
Instructions and Preferences:
Insert Specific instructions and or preferences for the attorney(s). For example, the donor may have preferences that they would like the attorney(s) to follow where possible, or instructions that they must follow when making healthcare decisions.
Donor Signature
Insert statement confirming that the donor has:
- Read the LPA and understands it
- Appoints and gives the attorney(s) the authority to make decisions about the donor’s health and welfare when they they cannot act for themselves because they lack the mental capacity, subject to the provisions in the LPA and the Mental Capacity Act 2005
- Agrees to the information provided in the LPA being used by the Office of the Public Guardian in carrying out its duties
- They have either appointed people to notify or chosen not to notify anyone when the LPA is registered
Donor Signature: [Donor Signature - to be signed in black ink].
Date: [Signature date.]Witness Full Name: [Full name of witness].
Witness Address: [Full address of witness including postcode].
Witness Signature: [Signature of independent witness signed in black ink].Certificate Provider Signature
Insert statement from the ‘certificate provider’ confirming that:
- They are over 18
- They have read the LPA
- There’s no restrictions on them acting as certificate provider
- They have known the donor for more than 2 years or been chosen due to having relevant professional skills and expertise
- They have discussed the lasting power of attorney (LPA) with the donor who understands what they are doing and that nobody is forcing them to do it
- There is nothing else which would prevent the LPA from being created
Certificate provider’s full name: [Insert certificate provider’s name]
Certificate provider’s full address: [Insert certificate provider’s address]
Certificate provider’s signature: [Signature of certificate provider signed in black ink].Date: [Signature date.]
Attorney(s) signature(s)
The Attorney(s) sign and make a statement confirming that:
- They are over 18
- They have read the LPA and understand they have a duty to act based on the principles of the Mental Capacity Act 2005 and to have regard to the Mental Capacity Act Code of Practice
- They must make decisions and act in the best interests of the donor
- They must take into account any preferences or instructions given in the LPA
- They can make decisions and act only when the LPA has been registered and the donor lacks mental capacity
Further statement by a replacement attorney:
I understand that I have the authority to act under this LPA only after an original attorney’s appointment is terminated. I must notify the Public Guardian if this happens.
The Attorney(s) Signature: [Signature - to be signed in black ink].
Date: [Signature date.]
Attorney(s) Full Name: [Full name of Attorney].Witness Signature: [Signature of independent witness signed in black ink].
Witness Full Name: [Full name of witness].
Witness Address: [Full address of witness including postcode].
Issues with Lasting Power of Attorney Templates
Many attempt to draft their LPAs themselves to save money.
However, Lasting Power of Attorney Templates like the ones given above are risky because these kinds of templates are not as detailed or as accurate as the prescribed government forms or lawyer drafted templates.
Unfortunately, a DIY Lasting Power of Attorney may not be deemed legally valid. The title does not make the LPA; rather, it's the content and how it's structured that matter. So, for this reason, we advise against relying solely on free LPA templates you find online, as each document must undergo government review and registration to become legally valid. Opting for free online templates carries the risk of rejection by the government, delaying the effectiveness of your LPA.
Aatos Customer Feedback
⭐️⭐️⭐️⭐️⭐️ “Hello! I'll share my story: In 2019, I made a lasting power of attorney for future consideration, in which I thought I had covered all the important aspects, but I naturally couldn't use the correct words and phrases. I heard somewhere that the lasting power of attorney needs to be drafted in a way that it can be approved by the government officials. I browsed the internet, and soon came across the Aatos app. I found it user-friendly and straightforward. I am 90 years old and managed very well. Thank you!” - Lily
Also, the risk with DIY Lasting Power of Attorney templates is that they will not be personalised, instead they are standardised, this means that they will not effectively achieve the outcomes intended by its creator.
With that being said, we do understand that the prescribed government forms are relatively long and can be very confusing and difficult to complete yourself… So, the real question is, what is the solution when lawyers are so expensive to hire?
Well, the good news is that you can now create legally valid and personalised LPAs using Aatos's online service for £99.
All you have to do is answer a few easy questions online to personalise your LPAs to your exact circumstances, we then post the documents to you for signature, and even include a simple guide to hold your hand through the registration process.
The Lasting Power of Attorney documents created via Aatos are based on the government forms but the process is significantly easier and cheaper than hiring a lawyer to assist with the process. With Aatos you can easily create your LPA from the comfort of your home and make revisions at any time, giving you maximum flexibility. Additionally, you get complimentary legal assistance on a fast-track basis at any time!
Why Can't I Just Use a General Power of Attorney?
In the UK, a Lasting Power of Attorney (LPA) and a General Power of Attorney (GPA) serve different purposes.
1. A Lasting Power of Attorney (LPA)
A Lasting Power of Attorney is a legal document that allows the donor to appoint one or more attorneys to make decisions on their behalf, once the LPA is registered and when they lose mental capacity in the future.
As explained above, there are two types of LPAs in the UK: (1) A Health and Welfare LPA, which covers decisions about healthcare and personal welfare; and (2) a Property and Financial Affairs LPA, which covers decisions about finances and property.
A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used, and it remains valid even if the donor loses mental capacity.
2. General Power of Attorney (GPA)
A General Power of Attorney is a legal document that grants the attorney authority to make financial or legal decisions on behalf of the donor for a specified period or in specific circumstances.
Unlike an LPA, a GPA is typically used for short-term arrangements or specific purposes, such as authorising someone to manage financial matters while the donor is abroad or incapacitated temporarily.
A GPA does not remain valid if the donor loses mental capacity, and it automatically becomes invalid upon the donor's death or if the donor revokes it.
In summary, while both LPAs and GPAs grant decision-making authority to someone else, LPAs are designed to provide long-term protection and cover a broader range of decisions, especially in the event of mental incapacity.
The Cost of LPA’s vary
The cost of an LPA depends largely on whether you create it with a solicitor or through an online service.
Solicitor | Free template | Aatos | |
---|---|---|---|
Price | £100-1000 | £0 | £99* |
Free Legal Help | ❌ | ❌ | ✅ |
LPA Right Away | ❌ | ❌/✅ | ✅ |
*You will receive the LPA along with other legal documents for the same price. We also provide complimentary legal assistance, storage, and unlimited revisions. It can be cancelled at any time.
Based on a comparison by the Competition and Markets Authority and Legal Services Board, the price of a Lasting Power of Attorney generally is from £100 to £1,000, the mean price being £378. These prices include only the solicitor's fees and the cost of the document.
Aatos Customer Feedback
Creating a LPA using Aatos is easy even for the elderly because: the text is understandable, not too complicated nor filled with difficult legal terms, I received legal assistance quickly or in a reasonable time via email when needed, good instructions for drafting the document, storage, witness signatures, and enforcing the guardianship and reasonable price. -Mary
In Aatos's service, a Lasting Power of Attorney is included, which costs only £99. This allows you to deal with all your legal needs without fearing expensive solicitor fees.
Our online service guides you by asking clarifying questions, based on which we customise the document for you. Additionally, our service always includes free legal advice for our customers and digital storage of your documents.
Read more on how to create Lasting Power of Attorney Online
Without an LPA, Right to Self-determination May Diminish
If you fail to create an LPA, it is quite possible that your wishes may not be respected. There are two possibilities in such a scenario: your relatives may become your guardians, or an official may appoint a public guardian for you.
Guardian or public guardian
Your relatives would have to apply to become your guardian. The guardian would need to seek permission from the government officials to manage your affairs and maintain annual accounts of your assets, which can be burdensome for them.
Another option is to apply for a public guardian from the government officials. However, a public guardian may have hundreds of clients whose affairs they manage simultaneously.
By making an LPA, you ease the lives of your loved ones and ensure that your right to self-determination is respected even when you can no longer manage your own affairs.
With an LPA, you decide:
- who will manage your affairs
- what matters your chosen person will handle
Additionally, you make life easier for your loved ones since they won't need to request permission from the government officials to manage your affairs or submit annual accounts.
Activation of the Lasting Power of Attorney
When the Lasting Power of Attorney document has been created and signed, it is not yet in effect.
The original and duly signed and witnessed LPA first needs to be sent via post to the Office of the Public Guardian (OPG) so that they can register it.
The address is:
Office of the Public Guardian PO Box 16185
Birmingham B2 2WH
Once the LPA has been registered by the OPG the donor and their attorneys receive confirmation of registration from the OPG. This confirmation typically includes a registration certificate with a unique reference number.
The donor, attorneys, and anyone else involved in managing the donor's affairs should receive a copy of the registration certificate. This certificate serves as official proof that the LPA has been registered. Additionally, the OPG updates its records to reflect the registration status of the LPA.
If you have stated in your Financial Affairs LPA that you want your attorney(s) to be able to act as soon as it is registered, then as soon as it is registered by the OPG it is legally effective and can be used.
Whereas the Health and Welfare LPA only comes into effect once it has been registered by the OPG AND the donor has lost mental capacity and becomes incapable of managing their own affairs. A typical situation might be, for example, the granter's advanced dementia, which prevents them from managing their own affairs.
The OPG oversees the actions of appointed attorneys and ensures that they act in the best interests of the donor and comply with the terms specified in the LPA document.
Supervision by government officials, such as the OPG, includes reviewing the actions of attorneys, investigating complaints or concerns raised by stakeholders, and providing guidance on matters related to LPAs.
The extent of supervision can be influenced by the conditions and instructions outlined in the LPA document. For example, the donor may specify reporting requirements, restrictions on certain types of transactions, or conditions for the attorney's exercise of authority. These provisions can shape the level of oversight and accountability applied by the OPG to ensure compliance with the donor's wishes and legal obligations.
Read more on How to Activate Power of Attorney for Health and Welfare?
Creating Tailored LPA instead of Using a Generic Form
Are you considering creating a Lasting Power of Attorney (LPA) or drafting your Last Will but feel overwhelmed by the legal complexities?
Aatos offers a seamless solution that simplifies the process, ensuring that you don't need any prior legal knowledge to get started. Our digital legal service is designed to guide you through each step, asking pertinent questions about your situation and preferences. This allows us to create a personalised, legally binding document tailored to your specific needs.
With Aatos, you can have peace of mind knowing that your document will include all necessary legal provisions, crafted exclusively for you. The entire process is swift, taking about 10 minutes.
With Aatos, you can meet your legal needs for just £99. You will benefit from ongoing legal support. This includes always-free legal advice through our chat or email support, fast-track service for any inquiries, unlimited revisions to your documents, and secure digital storage for easy access.