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What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you choose a person or people (called "attorneys") to make decisions for you if you become unable to do so for yourself. You must set this up while you still have the mental capacity to make your own decisions.
In England and Wales, there are two types of LPA:
- Property and Financial Affairs LPA (LPAPFA): this lets your attorney manage your money, property and financial matters. You can decide if they act only when you lose capacity, or sooner.
Example: if you are overseas and need someone to sell your house in England, your attorney can do this for you.
- Health and Welfare LPA (LPAHW): this lets your attorney make decisions about your health and personal welfare, but only if you lose capacity.
Example: if you are in hospital and cannot communicate, your attorney can decide about your medical treatment and care.
Who should consider making an LPA?
Anyone over 18 should think about making LPAs. This gives you control over who will make decisions for you if you ever lose mental capacity. If you don't have LPAs and lose capacity, someone will need to apply to the Court of Protection to act for you. This process is slow, expensive, and you won't have a say in who is chosen. The Court rarely appoints someone to make health and welfare decisions; instead, it usually takes on that role itself.
It's a common myth that your spouse or partner can automatically make decisions for you as "next of kin". In reality, they need to be legally appointed as your attorney. Without an LPA, the Court decides who act for you, which may not be the person you would have chosen. This can cause problems, especially with joint property or bank accounts if one owner loses capacity.
Can international clients make an LPA?
Yes, you can and should consider making an LPAPFA if you have assets in England or Wales, even if you don't live here full-time. For example, if you live in France but own a flat in London, making an LPAPFA lets your chosen attorney manage the flat while you are in France under your direction and to continue to do so if you lose capacity. You may also want to make an LPAHW if you do live here for part of the year.
You may already have made a Power of Attorney in another country. However, it may not be recognised in England and Wales. Although there are international agreements to help, in practice, organisations in England and Wales may reject foreign documents if they don't look like the standard LPA that they are used to seeing. Attorneys can ask the Court of Protection to confirm their authority, but this adds time and hassle. Making LPAs avoids these issues.
Can my LPA be used in another country?
It depends on the country and the organisation you're dealing with. As a minimum, you'll likely need:
- A translation of your LPA into the local language
- A certified copy from a notary public
- An apostille (official stamp) from the Foreign and Commonwealth Office.
It's usually easier to make a Power of Attorney in the country where you need it.
This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.
