• LPAs must be set up while you still have mental capacity. Once capacity is lost, it is too late to create one.
• An LPA allows you to choose who will act on your behalf – this person is called your Attorney.
If you appoint more than one, you can decide whether they act jointly or separately.
• Choose the type of LPA you need:
• Property & Financial Affairs LPA – for decisions about money, bills, property, and investments.
• Health & Welfare LPA – for decisions about your medical treatment, care, and daily routines.
• You can choose to set up one or both.
• Decide when your LPA should take effect:
• A Property & Financial LPA can be used as soon as it’s registered, or only if you lose capacity.
• A Health & Welfare LPA can only be used after you’ve lost mental capacity.
• Register your LPA with the Office of the Public Guardian.
This ensures it is legally valid and ready to use when needed.
William is in a car accident and loses mental capacity. He has no LPA in place.
• His next of kin have no automatic legal right to make decisions.
• They must apply to the Court of Protection, which is time-consuming and expensive.
• Bank accounts (including joint accounts) may be frozen.
• Bills can’t be paid, and previous authority for financial transactions is void.
• Investments can’t be managed.
• Property can’t be sold, which could leave a partner unable to move or manage shared assets.
• His family cannot make medical or care decisions on his behalf.
William has both Property & Financial and Health & Welfare LPAs.
• His chosen Attorneys can step in immediately, without legal delays.
• The bank recognises their authority – no accounts are frozen.
• Bills are paid, investments managed, and financial affairs continue smoothly.
• Property can be sold if needed – Attorneys handle all paperwork.
• Under the Health & Welfare LPA, Attorneys can make decisions about medical treatment, care, and living arrangements.