Question 1

What is a Lasting Power of Attorney?

Accepted Answer

A Lasting Power of Attorney (LPA) is a legal document used in England and Wales. It lets you (the donor) appoint one or more people you trust, called attorneys, to help you make decisions or to make decisions on your behalf if you are unable to.

Question 2

What are the two types of LPA?

Accepted Answer

There is an LPA for Property and Financial Affairs, which covers matters such as banking, bills, benefits and property, and an LPA for Health and Welfare, which covers care, medical treatment and day-to-day welfare decisions.

Question 3

Do I need both types?

Accepted Answer

Many people choose both so that financial and welfare decisions are covered, but this is a personal decision. Your adviser will talk through what fits your circumstances before anything is prepared.

Question 4

Can I save the form and come back later?

Accepted Answer

Yes. Your answers are saved as you go, so you can stop at any point, sign back in and continue from where you left off.

Question 5

Who can act as my attorney?

Accepted Answer

An attorney must be 18 or over and have mental capacity. For a Property and Financial Affairs LPA they must not be subject to a Debt Relief Order or be an undischarged bankrupt. Beyond those rules, the choice is yours to make and discuss with your adviser.

Question 6

Can I appoint more than one attorney?

Accepted Answer

Yes. You can appoint several attorneys and set out how they should make decisions together. The questionnaire asks about this and your adviser will confirm your choice with you.

Question 7

What is a replacement attorney?

Accepted Answer

A replacement attorney is someone who can step in if an original attorney is no longer able or willing to act. Naming a replacement is optional.

Question 8

What is a certificate provider?

Accepted Answer

A certificate provider is an independent person who confirms that you understand the LPA and are not being pressured into making it. They must meet eligibility rules, which we will check with you.

Question 9

Will I speak to an adviser?

Accepted Answer

Yes. Your answers are reviewed by Marshall Wills & Trusts and a telephone or video conversation is arranged where appropriate before documents are prepared.

Question 10

Does completing the questionnaire create my LPA?

Accepted Answer

No. The questionnaire only gathers the information needed to prepare your documents. Your LPA is created once the documents are prepared, correctly signed and witnessed, and registered.

Question 11

Do LPAs need to be registered?

Accepted Answer

Yes. An LPA must be registered with the Office of the Public Guardian before it can be used. A registration fee applies and is separate from our preparation fee.

Question 12

What happens after I submit my information?

Accepted Answer

You receive a confirmation email with your case reference. Your adviser reviews your answers, raises anything that needs clarifying and arranges your consultation.

Question 13

Can you also help with my Will or Trust?

Accepted Answer

Yes. Marshall Wills & Trusts advises on Wills, Trusts and wider estate planning. The optional estate-planning check simply highlights topics you may wish to discuss.

Clear answers, without the jargon

What is a Lasting Power of Attorney?

What are the two types of LPA?

Do I need both types?

Can I save the form and come back later?

Who can act as my attorney?