Health and welfare LPA
Covers decisions about your care, medical treatment and where you live. It only comes into effect if you lose the capacity to decide for yourself, and can include decisions about life-sustaining treatment if you want it to.
LASTING POWER OF ATTORNEY
What is a Lasting Power of Attorney?
A Lasting Power of Attorney, or LPA, is a legal document that lets you choose someone you trust to make decisions for you, if you're ever unable to make them yourself. You can set one up for your health and welfare, your property and finances, or both, and you decide exactly when and how it can be used.
What are the two types of LPA?
Property and financial affairs LPA
Covers bills, property and investments. You stay in control: you choose whether your attorney can use it straight away or only once you lose capacity. It doesn't mean giving up control of your money and property now.
Why make an LPA now?
- It's not just for the elderly. Anyone can be suddenly unable to make decisions, through illness, an accident or injury, at any age.
- It keeps life running smoothly. Bills get paid, accounts don't fall into arrears, and dependants are looked after without delay.
- It's quicker and cheaper than the alternative. Without an LPA, someone has to apply to the Court of Protection, a longer, more expensive process that gives you no say over who's appointed.
- Marriage doesn't cover it. Even a husband or wife can't access or manage your bank accounts if they're in your sole name, without an LPA.
- It protects your end of life wishes. A health and welfare LPA lets your chosen attorney make decisions about your care and treatment in line with what you'd want, including life-sustaining treatment if you choose.
Do you need a solicitor for an LPA?
Doing it yourself
- Lower upfront cost
- Free government online service
- The Office of the Public Guardian (OPG) applies strict rules. Even a small error in the forms or the signing process leads to rejection
- If rejected, you will have to start again and may need to pay the registration fee a second time
Using Clowes & Co
- Clowes & Co have completed hundreds of LPA registrations and know exactly what the OPG requires
- We handle the forms, the signing requirements and the submission from start to finish
- We thoroughly check everything before it is submitted, so your application goes through first time
What we'll do for you
1. Advise on the right type of LPA for you
2. Complete and check your forms
3. Register your LPA with the OPG
4. Advise your attorneys on their duties
Common questions about LPAs
If you lose mental capacity without an LPA in place, your family would need to apply to the Court of Protection for a deputyship order. This is a longer, more expensive process, and doesn't guarantee that the person appointed to act for you is who you would have chosen.
Yes, you can cancel or replace an LPA at any time, as long as you still have the mental capacity to do so.
Registration with the Office of the Public Guardian usually takes 8 to 10 weeks, as long as there are no errors in the application.
No, but using one reduces the risk of mistakes that can lead to the OPG rejecting your application, and gives you tailored advice if your situation is more complex.
Ready to put your LPA in place?
Book a free initial chat
20-22 Leek Road, Stockton Brook, Stoke on Trent. ST9 9NN
Mon – Fri: 9.00 am – 5:00 pm