What is a Lasting Power of Attorney?

An LPA is a legal document that you (the Donor) make using a special form. It allows you to choose someone now (the Attorney) that you trust to make decisions on your behalf about things such as your property and financial affairs or health welfare at a time in the future when you no longer wish to make those decisions or you may lack the mental capacity to make those decisions yourself.

An LPA can only be used after it is registered with the OPG.

The types of LPA

There are two different types of LPA:

You can obtain detailed guidance on LPA's in the guidance booklets section of the website.

Who can make an LPA?

Anyone aged 18 or over, with the capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. You cannot make an LPA jointly with another person; each person must make his or her own LPA.

People involved in making an LPA

The following are the different people involved in making an LPA:

  • The Attorney(s)
    An Attorney is the person(s) you choose and appoint, using an LPA form, to make decisions on your behalf about either your health and welfare or property and financial affairs or both.  It is an important role and one that the person chosen has to agree to take on. 
  • Donor
    A Donor is someone who makes an LPA appointing an Attorney(s) to make decisions about his/her health and welfare, property and financial affairs or both.
  • Named person(s)
    A named person is someone chosen by the Donor to be notified when an application is made to register their LPA. They have the right to object to the registration of the LPA if they have concerns about the registration. The named person(s) are specified in the LPA form. Selecting people to notify of an application to register is one of the key safeguards to protect you if you make an LPA.
  • Certificate provider
    A certificate provider is a person the Donor must select to complete a Part B Certificate in the LPA form. The certificate provide must confirm that the Donor understands the LPA and that the Donor is not under any pressure to make it. The certificate provider is another important safeguard.
  • Witness
    A witness is someone who signs the LPA form to confirm that they witnessed: 
    • the Donor (the person making the LPA) signing and dating the LPA form; or
    • the Attorney(s) (the person appointed by the Donor) signing and dating the LPA form.

           It is an important role and acts as a further safeguard.

Further information

More detailed information on the roles and responsibilities of the people listed above is available in the guidance for Attorneys and the guidance Donors in the guidance booklets section of our website.

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