A lasting power of attorney is one of the most useful documents a family can put in place, and the conversation around it goes far more smoothly with a little preparation. Whether you are sitting down with a parent or heading to a solicitor, having a few things ready turns a daunting subject into a straightforward one. Here is what to gather first.
Understand the two types
Before the conversation, it helps to know what you are actually deciding. In England and Wales there are two lasting powers of attorney: one for property and financial affairs, and one for health and welfare. Most people set up both. Our guide on the two types of LPA explains each plainly, and it is worth a read before you start, so nobody is working it out on the spot.
The people
An LPA needs a few roles filled, so come with a rough idea of:
- Who the attorneys would be: usually one or more trusted family members or friends.
- Whether they would act together or separately.
- Any replacement attorneys, in case the first choice cannot act.
- Who could act as a certificate provider, the independent person who confirms the donor understands what they are signing.
The information
Have the practical details to hand:
- Full names, dates of birth and addresses for the donor and the attorneys.
- A sense of the finances the property and affairs LPA would cover: accounts, pensions, property.
- Any existing will or earlier power of attorney.
The timing point that matters most
An LPA can only be made while the person still has mental capacity. If that is left too late and capacity is lost, the family may have to apply to the Court of Protection instead, which is slower, costlier and more stressful. So the single most important thing to bring to the conversation is a gentle sense of urgency: this is a job best done early, while there is no pressure at all.
Keep the paperwork together
Once the LPA is made and registered, keep it somewhere the attorneys can find it, alongside the documents it relates to. A place like FamilySafe keeps the LPA, the accounts and the wishes together and shareable, so when the document is finally needed, nobody is hunting for it.
Download the free preparation checklist to bring to the conversation.
Frequently asked questions
Do we need a solicitor to make an LPA?
No. You can apply through GOV.UK yourself. Many people use a solicitor for peace of mind, particularly where family circumstances are complicated.
Can an LPA be made after someone loses capacity?
No. It must be made while the person still has capacity. After that, the alternative is a Court of Protection deputyship, which is more involved.
How many attorneys should there be?
Often more than one, so there is cover, with a decision about whether they act together or separately. A replacement attorney is worth naming too.
Sources
- GOV.UK: Make, register or end a lasting power of attorney
- Office of the Public Guardian guidance
