When Can an LPA Be Used?

A Lasting Power of Attorney does not give an attorney immediate control over your affairs. Understanding when each type can be used is an important part of making an informed decision.

A property and financial affairs LPA can be used in two ways. With your consent, it can be used while you still have mental capacity — for example, if you need practical help managing finances or dealing with banks. It also operates automatically if capacity is lost, without the need for any further application.

A health and welfare LPA can only be used if you are unable to make the relevant decision yourself at the time it needs to be made. It cannot be used simply for convenience while you retain capacity.

In both cases, the LPA must be registered with the Office of the Public Guardian before it can be used at all. An unregistered LPA has no legal effect, regardless of how carefully it was prepared.

This is one of the most commonly misunderstood aspects of how Lasting Powers of Attorney operate.

At MJV Solicitors, we ensure clients understand exactly when and how their Lasting Power of Attorney will work in practice.

FAQ

Can an attorney use an LPA straight away?
Only after it has been registered with the Office of the Public Guardian.
Can a financial LPA be used while I still have capacity?
Yes, with your consent, for example, to help manage day-to-day finances.
When can a health and welfare LPA be used?
Only when you are unable to make the relevant decision yourself.

If you would like advice on putting a Lasting Power of Attorney in place, MJV Solicitors provide clear guidance and transparent, fixed-fee pricing. Contact us today to discuss the right arrangements for your circumstances.