A lasting power of attorney (LPA) is a legal document in England and Wales that allows a person (the donor) to appoint one or more trusted individuals (attorneys) to make decisions on their behalf if they lose mental capacity in the future. An LPA must be set up and registered while the donor still has capacity; it cannot be arranged after capacity has been lost.
Two types of LPA
There are two separate LPAs, each covering a different area of life:
Property and financial affairs LPA: covers decisions about bank accounts, bills, property, investments, and financial transactions. This LPA can be used with the donor’s permission while they still have capacity, as well as if they lose it.
Health and welfare LPA: covers decisions about medical treatment, care arrangements, where the person lives, and day-to-day welfare. This type can only be used when the donor has lost the capacity to make those decisions themselves. It can include a specific instruction about whether the attorney can refuse life-sustaining treatment on the donor’s behalf.
Why cardiac arrest survivors should consider one
Experiencing a cardiac arrest often prompts reflection on what might happen in a future health crisis. If a person is seriously ill and unable to make decisions, without an LPA in place, no individual automatically has legal authority to act on their behalf (not even a spouse or partner). Setting up an LPA ensures that someone the person trusts can make decisions that reflect their wishes.
Registration
LPAs are registered with the Office of the Public Guardian (OPG) in England and Wales. Registration takes a number of weeks and must be completed before the LPA can be used. The OPG provides free guidance and online tools at gov.uk. Solicitors can assist with more complex situations.
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