An LPA gives another individual the legal authority to look after specific aspects of your financial affairs or health and welfare should you lose the physical or mental capacity to do so. Once considered as something only for the elderly; it is equally as important for younger people who may become incapacitated through accident or illness.

In the event you become mentally incapacitated, without an LPA in place, relatives may face long delays and expense in applying to the court of protection to get access and take control of your assets and finances.

LPAs are designed specifically to be recognised by financial institutions, care homes and local authorities, as well as tax, benefits and pension authorities. They are legal documents that, like Wills, can be set up by anyone independently but are usually set up by an experienced professional in order to identify and address any specific areas of concern and to ensure validity. Many people consider having one alongside their Wills.

Please note there is an additional fee of up to £92 to register each LPA with the Office of the Public Guardian (OPG). The fee payable is dependent on your level of earnings and/or benefits received.

Powers of Attorney (PoAs) allow you to appoint your trusted family and/or friends to look after your welfare and your financial arrangements should you lose capacity to do so yourself.

Who needs a PoA?

Anyone over the age of 16 who wants to ensure that their affairs can be managed according to their wishes should they lose capacity, should consider setting up a PoA.

This is particularly important for individuals who:

• Have a long-term illness or disability.
• Are undergoing medical treatments that might affect their decision-making ability.
• Want to prepare for unexpected circumstances like accidents or sudden illness.
• Wish to provide clear guidance for their care and financial management in their later years.

Combined PoA

The combined PoA covers the two powers that are granted to the Attorney(s). These are 'Continuing Financial' which covers property and financial affairs and 'Welfare' for health and welfare decisions.

Please note there is an additional fee of up to £96 per combined PoA to register with the Office of the Public Guardian (Scotland). Fee exemptions may be available dependent on your level of earnings and/or benefits received.

Due to differences in legal processes, a Scottish Registered solicitor or medical practitioner must certify your capacity. We have partnered with Weir Law to facilitate this.