frequently asked questions (FAQ)

No, you don't necessarily need to use a solicitor, you can set one up yourself using the government's LPA service. However, using a solicitor to create one is recommended, especially if you have any complex family dynamics or specific finances such as business assets. You are required to have a certificate provider to make an LPA (this person confirms that you understand the meaning of the document and that you have capacity to make it). As your solicitor can act as your certificate provider, this is often the reason individuals seek professional assistance to make a Lasting Power of Attorney. Ultimately, using a solicitor provides peace of mind that your LPA has been created with no risk of error and is therefore fully valid.

Each type of LPA covers a very different area, so it's really important to have both, to make sure you're fully covered. An LPA allows you to appoint an attorney, a trusted person well-known to you, to make sure your wishes are carried out should you ever lose the mental capacity to make such decisions.The Health and Welfare LPA is crucial in safeguarding any future decisions about your future care, from day-to-day routines to critical medical treatment.The financial affairs LPA means your chosen attorney can take control of your bank account and manage all of your finances on your behalf.

Dementia patients can create LPAs, as long as they still have the mental capacity necessary to understand what it is they are doing and who they are handing responsibility to. If a patient's dementia has become too advanced, then a family member would need to apply to the Court of Protection for Deputyship instead.

It's recommended that everyone creates LPAs as soon as they enter adulthood. LPAs are not just for the elderly as accidents and illnesses that can affect you at any age may leave you without mental capacity. Having LPAs in place means you can be sure that if the worst happens, your attorney will ensure your wishes and best interests are adhered to.