When Can an LPA Be Used?

A Lasting Power of Attorney does not automatically give someone control over your affairs as soon as it is created. When an attorney can act depends on which type of Lasting Power of Attorney you have put in place.

A Property and Financial Affairs LPA can usually be used once it has been registered with the Office of the Public Guardian, provided the LPA allows it and you give your attorney permission while you still have mental capacity.

This can be useful if you want help dealing with practical matters such as bank accounts, bills, investments or property, even though you are still capable of making your own decisions.

A Health and Welfare LPA works differently. Your attorney can only make a health or welfare decision for you when you lack the mental capacity to make that particular decision yourself.

In both cases, the LPA must be registered with the Office of the Public Guardian before it can be used.

Understanding what an attorney can do and who you choose as your attorney is therefore an important part of putting an LPA in place.

At MJV Solicitors, we advise clients on how their LPA will operate and make sure they understand when their attorneys will be able to act.

For a complete overview, read our guide to Lasting Powers of Attorney. For details of MJV Solicitors' fixed fees, see our LPA Price Guide.