How Do I Get a Lasting Power of Attorney?

A Lasting Power of Attorney (‘an LPA’), is a legal document that allows you to choose one or more trusted people to make decisions on your behalf, if you are unable to make decisions for yourself in the future.

Many people associate LPAs with later life, but they can be useful for anyone who wants to plan for the future. Illness, injury, an accident or a change in mental capacity can happen unexpectedly. By putting an LPA in place while you can make your own decisions, you can retain control over who would act for you if support if ever needed.

At EJ Moyle LLP, our Private Client team helps individuals and families across West Sussex, including Littlehampton and Rustington, understand their options and prepare for the future with confidence.

What Does Lasting Power of Attorney Mean?

An LPA is a legal document that allows you (‘the donor’), to appoint one or more people (‘attorneys’), to make decisions for you.

Your attorneys could be family members, friends, or professionals. The important point is that they should be people you trust to act in your best interests and follow your wishes as far as possible.

An LPA must be made while you still have mental capacity. This means you must be able to understand what the document does, who you are appointing, and the authority you are giving them.

Why Might You Need a Lasting Power of Attorney?

An LPA can provide reassurance that if you ever need support, the right people will be able to help you.
Without an LPA in place, your family or loved ones may not automatically be able to manage your finances, deal with your property, or make important care decisions for you.

If you lose capacity without an LPA, your family may need to apply to the Court of Protection for authority to act on your behalf. This can take longer, cost more and create additional stress at an already difficult time.

Putting an LPA in place is not about giving up independence. It is about planning ahead, about you choosing your preferred support network and making sure your wishes are clearly recorded.

What Are the Two Types of Lasting Power of Attorney?

There are two main types of LPA. You can make one or both, depending on your circumstances.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows your attorneys to help with decisions about money and property. This can include:

• Managing bank accounts
• Paying bills
• Dealing with savings or investments
• Collecting pensions or benefits
• Managing property

Health and Welfare LPA

A Health and Welfare LPA allows your attorneys to make decisions about your care and well-being if you are no longer able to make those decisions yourself.

This can include decisions about:

• Medical treatment
• Care arrangements
• Where you live
• Day-to-day welfare
• Your routine and personal needs

A Health and Welfare LPA can only be used once you have lost the capacity to make the relevant decision yourself.

How Do You Apply for a Lasting Power of Attorney?

To make an LPA, you will need to:

1. Decide which type of LPA you need.
2. Choose who you would like to appoint as your attorney or attorneys.
3. Decide how your attorneys should act.
4. Complete the relevant LPA forms.
5. Arrange for the documents to be signed correctly.
6. Ask a certificate provider to confirm that you understand the LPA and are not being pressured into making it.
7. Register the LPA with the Office of the Public Guardian before it can be used.

Although the forms can be completed without legal support, many people choose to take advice to make sure the documents are prepared correctly and reflect their wishes.

What Should You Think About Before Making an LPA?

Before making an LPA, it is worth taking time to think carefully about who you would want to act for you and how decisions should be made.

You may wish to consider:

• Who you trust to act in your best interests.
• Whether your attorneys should make decisions together or separately.
• Whether you want to appoint replacement attorneys.
• Whether your attorneys understand your wishes.
• Whether there are any family circumstances that could make decisions more sensitive.
• Whether your financial, property or care arrangements are straightforward or more complex.

Making an LPA involves more than completing a form. It means choosing the right attorneys, deciding how they should act, and making sure the document is signed and registered correctly.

These decisions can have long-term consequences, so it is important that your LPA is clear and suitable for your circumstances.

Can I Make a Lasting Power of Attorney Myself?

Yes, it is possible to make an LPA yourself. However, the decisions involved are important and can have long-term consequences.

Legal advice can be helpful if:

• You are unsure who to appoint.
• You want to appoint more than one attorney.
• There are family sensitivities or potential disagreements.
• You want to include preferences or instructions.
• You are worried about mistakes in the forms.
• You have property, business interests or more complex finances.
• You want reassurance that the documents have been completed properly.

A solicitor can explain your options clearly and help you avoid issues that could delay registration or create uncertainty later.

How Much Does a Lasting Power of Attorney Cost?

There is a registration fee payable to the Office of the Public Guardian for each LPA. If you choose to make both a Property and Financial Affairs LPA and a Health and Welfare LPA, there will be a separate registration fee for each document.

Some people may be eligible for a reduced fee or exemption depending on their financial circumstances.

If you use a solicitor, there will also be professional fees for advice, preparation and support with the process. These fees can vary depending on the work involved and the complexity of your circumstances.

What If I Already Have an Enduring Power of Attorney?

Lasting Powers of Attorney replaced Enduring Powers of Attorney (‘EPA’) in 2007.

If you have an existing EPA, it may still be valid. An EPA does however only cover property and financial affairs. It does not cover health and welfare decisions. The main difference between an LPA and an EPA is that an EPA can only be registered at the Court if you have lost capacity, it cannot be registered in advance.

If you have an existing EPA, it may be sensible to review whether it still reflects your wishes and whether you should also consider making a Health and Welfare LPA.

When Might Legal Advice Be Helpful?

Some people are comfortable starting the LPA process themselves. Others prefer to take advice from the beginning, particularly where there are personal, family or financial circumstances that need careful thought.

Legal advice may be helpful if you are unsure how to appoint attorneys, if you want to include particular instructions, or if you have concerns about capacity, family disagreements or future care decisions.

Taking advice can also help ensure the documents are completed correctly and reduce the risk of avoidable delays.

Lasting Power of Attorney Advice in West Sussex

EJ Moyle LLP’s Private Client team helps individuals and families across West Sussex, including Littlehampton, Rustington and the surrounding areas, with future planning, Wills, Lasting Powers of Attorney, existing Enduring Powers of Attorney and related legal matters.

If you would like advice about preparing a Lasting Power of Attorney, or you have started the process and feel unsure about the next steps, our team would be happy to help.

Please contact Sophie Careless-Shore, Barbara Sykes or Katie Foan in our Private Client team.

You can call the Rustington office on 01903 784447, or the Littlehampton office on 01903 725143.