Lasting Powers Of Attorney

Lasting Powers of Attorney (LPA) & Powers of Attorney (PoA) Take Control of the Future—Before It's Too Late

Imagine you suddenly became unable to manage your personal or financial affairs—whether due to illness, accident, or age-related decline. Who would make decisions on your behalf?

Who would have the legal authority to act for you?

By setting up a Lasting Power of Attorney (LPA) or a Power of Attorney (PoA), you ensure that trusted individuals can step in when you're no longer able to make decisions yourself.

England & Wales: Lasting Powers of Attorney (LPA)

Under the Mental Capacity Act 2005, you can appoint one or more Attorneys to act on your behalf to look after your affairs if you lose mental or physical capacity—due to illness, accident, or old age. There are two separate types of LPA documents:

• Property and Financial Affairs — lets your attorney manage your money, property, and financial matters.

• Health and Welfare — allows your attorney to make decisions about medical treatment, care arrangements, and daily wellbeing.

Note: In England & Wales, these are separate legal documents and must be created individually.

Important Points About LPAs

• The person making the LPA (the Donor) must have mental capacity at the time of creation.
• The law does not allow LPAs to be created after capacity is lost, which can cause problems for families without one.
• LPAs are powerful legal documents, but there are safeguards to prevent abuse:
• Before registration, certain people (including the Donor) must be notified and can object if concerned.
• The Donor can add restrictions or guidance on how attorneys should act.
• A certificate provider (a professional or someone who has known the Donor for at least two years) must confirm the Donor understands the LPA.

Just like a will, an LPA can be updated or cancelled at any time, as long as the Donor still has capacity.

For help creating an LPA, contact your local IPW Professional member near to you, just click here.

For more information, visit the Office of the Public Guardian. https://www.gov.uk/government/organisations/office-of-the-public-guardian

Scotland: Powers of Attorney (PoA)

In Scotland, PoAs are governed by the Adults with Incapacity (Scotland) Act 2000, which recognises that capacity can vary by decision. Adults (age 16+) are presumed capable unless proven otherwise.

There are three types of PoA:

• Continuing PoA – lets your attorney manage financial or property matters. These powers can begin immediately or only on loss of capacity, depending on your instructions.
• Welfare PoA – allows decisions about health and personal welfare, but only once capacity is lost.
• Combined PoA – includes both continuing and welfare powers in one document (the most common format).

All PoA documents in Scotland must be registered with the Office of the Public Guardian (Scotland) and signed by a solicitor or prescribed professional confirming the granter understands the nature and effect of the document. Visit the Office of the Public Guardian Scotland.Like LPAs in England & Wales, a Scottish PoA can be amended or cancelled if the person still has capacity.

For assistance with Powers of Attorney in Scotland, contact a local IPW member — click here.

Understanding Legal Capacity in Scotland

The Adults with Incapacity (Scotland) Act 2000 defines “incapable” as the inability to:
• Act
• Make or understand decisions
• Communicate decisions
• Retain memory of decisions

Importantly, this is not an “all or nothing” status—someone may lack capacity for complex financial matters but still be able to make day-to-day decisions.

Enduring Powers of Attorney (EPA) in England & Wales

Before October 2007, people in England & Wales could create an Enduring Power of Attorney (EPA) for financial matters. While new EPAs can no longer be made, existing ones remain valid if they were correctly signed before that date.

Why Set Up an LPA or PoA?

Without an LPA or PoA, your family may need to apply to the court to gain authority to manage your affairs—this can be slow, costly, and stressful. By acting early, you retain control and ensure your wishes are respected—even if you can no longer speak for yourself.

Need Advice?

Creating a Power of Attorney is a powerful and proactive step. Whether in England, Wales, or Scotland, professional guidance ensures your documents are legally valid and and reflect your wishes clearly. Find a local qualified IPW professiona