Lasting Power of Attorney

If you concerned about who will make decisions on your behalf if you become unable to make them yourself through ill health, you can appoint one or more people you trust as Attorneys through a legal document called a Lasting Power of Attorney.

There are two types of Lasting Power of Attorney:

- Lasting Power of Attorney Property and Affairs
and
- Lasting Power of Attorney Personal Welfare.
This allows someone to make decisions about healthcare and where you live.

The forms are available from the Office of the Public Guardian for England & Wales and Office of the Public Guardian (Scotland). Click on the pink text to go directly to these sites.

The forms can be completed at any time but they have no legal authority until they are registered with the Office of the Public Guardian. Details about this, the forms required and the fees are also on these websites.

Some people find the forms rather daunting and prefer to use a solicitor to carry out the process for them. You can find a solicitor using the website of the Law Society. Click on the pink text to go directly to the find a solicitor page or this link to find a solicitor in Scotland Law Society of Scotland.

You cannot apply to have Lasting Power of Attorney for someone who has already lost the capacity to make decisions for themselves. There is a separate procedure for this which involves applying to the Court of Protection to become a Deputy.

Lasting Powers of Attorney cease on the date of death so it is important you also make a Will to give instructions about what should happen after your death.