Record details
- Service description
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The Office of the Public Guardian (OPG) protects people in England and Wales who may not have the mental capacity to make certain decisions for themselves on issues to do with health and finance.
What is a lasting power of attorney and when is it necessary to have one?
Whether considering care and support services now, or planning for the future, at some point decisions will need to be made according to your circumstances, financial situation, and personal wishes. How would those decisions be made if you no longer had the ability to make them because of age, mental or physical illness, disability, or a serious accident?
A lasting power of attorney (LPA) is a legal document nominating someone you trust to make decisions on your behalf should you lose the capacity to make them for yourself in the future.
Two types of LPA:
- Health and welfare – This may include decisions about your daily routine, medical care, moving into a care home or life-sustaining treatment. This type of LPA will only come into force after the capacity to make decisions has been lost.
- Property and financial affairs – This may include managing a bank or building society account, paying bills, collecting benefits or a pension or selling your home. This type of LPA may come into force before or after capacity has been lost.
Setting up an LPA
There are many organisations that can help you set up one or both types of LPA (most solicitors will offer this as a service) and fees will vary.
However, you can complete the LPA forms yourself on GOV.UK and only pay the registration fee of £82 (subject to change) for each type of LPA. Reductions and exemptions may apply if you are on certain benefits.
Deputyship
You cannot set up an LPA after capacity has been lost. In this circumstance, a friend or family member can apply to the Court of Protection to be appointed as a ‘deputy’ to act on your behalf.
Applying for deputyship can be complicated, takes longer (which means decisions may be delayed) and costs more than drawing up an LPA. Setting up an LPA in advance is by far the easiest option and the one that gives you the most control.
Best interest assessment
If capacity is lost without an LPA in place, and if there are no relatives or friends willing or able to take on the responsibility of deputyship, a ‘decision maker’ is appointed.
This could be a social worker, a doctor or other professional responsible for your day-to-day care who will carry out a ‘best interest assessment’ if an important decision needs to be made.
They are required to work through a checklist and to consult as widely as practical with people who know you and your situation. Their aim will be to determine what your wishes would have been had you not lost capacity, and to achieve the best outcome for you. Further information: Mind website - Mental Capacity Act 2005
- Address
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Office of the Public Guardian
PO Box 16185
Birmingham
B2 2WH - Phone
- 0300 456 0300
- customerservices@publicguardian.gov.uk
- Website
