Lasting Power Of Attorney Solicitors

You must be at least 18 and have capacity to execute the LPA. An illness or diagnosis is not enough by itself to establish that capacity is lacking: the relevant decision and the person's ability at that time need consideration.

The Mental Capacity Act requires practical support for decision-making and does not treat an unwise choice alone as incapacity. If the donor lacks the capacity needed to make an LPA, a relative cannot create one on their behalf. A Court of Protection decision or deputyship may instead need consideration.

• Mental Capacity Act: creating an LPA
• Capacity principles
• Deputyship

A property and financial affairs LPA can cover matters such as accounts, bills and property. Once registered, it can be used with the donor's permission while they still have capacity, subject to the terms of the document. It can also authorise decisions when relevant capacity is later lost.

A health and welfare LPA can only be used for a decision the donor cannot make at that time. It addresses matters such as care and treatment; authority concerning life-sustaining treatment requires the appropriate express choice. Making one type does not create the other.

• The two types of LPA

Consider trust, availability, willingness and ability to manage the responsibilities. Individual attorneys must be adults with capacity; bankruptcy or a debt relief order prevents appointment for property and financial affairs. Being a spouse or child does not automatically confer LPA authority.

With more than one attorney, distinguish decisions requiring everyone to act together from decisions that any attorney may make separately. Replacement appointments and what happens if an attorney cannot continue need careful thought. Ambiguous restrictions can make the document difficult to operate.

• Choosing attorneys

Prepare accurate donor and attorney details, proposed replacements, any preferences or instructions and the relevant health-treatment choices. The certificate provider must meet the eligibility rules and be satisfied about understanding and freedom from pressure or fraud; they are not simply an extra signature.

Use the current OPG forms and signing guidance. Completing the online preparation service does not remove the present requirement to print and sign the document. The donor signs before the certificate provider, followed by the attorneys, with the required witnessing. Incorrect signing or an ineligible certificate provider can prevent registration.

• Making and signing an LPA
• OPG preparation and registration guide

The LPA must be registered with the Office of the Public Guardian before attorneys can use it. Follow the notification requirements for any people named to be told and submit the appropriate documents and registration payment or relief application.

Registration does not allow attorneys to ignore the donor's decisions or the limits of the instrument. They must work within their authority and the Mental Capacity Act, including best-interests requirements where they decide for someone lacking capacity. Retain the registered document securely and check how organisations need authority to be evidenced.

• Registration and current OPG fees

An advance decision to refuse specified treatment is different from appointing an attorney. Its validity, applicability and relationship with a later health and welfare LPA need checking; life-sustaining treatment has additional formalities.

An LPA concerns the donor's lifetime. It does not replace a will or give the attorney authority to administer the donor's estate after death. Planning should take account of existing documents rather than assuming one form covers every situation. Cross-border recognition requires separate consideration.

• Advance decisions
• Validity and applicability of advance decisions
• Will writing
• Estate administration