How to Make a Lasting Power of Attorney

When making a Will, it can be a good idea to put a Lasting Power of Attorney in place at the same time. A Lasting Power of Attorney gives your loved ones the legal authority to make decisions on your behalf, should there ever come a time when you’re unable to make decisions for yourself.

People often choose to take out a Lasting Power of Attorney while making a Will, as they’re already thinking about what they’d like to happen in the future. The main difference is that a Lasting Power of Attorney will take effect during your lifetime, whereas a Will takes effect after you die.

To make a Lasting Power of Attorney, you’ll need to consider:

• What type of Lasting Power of Attorney you’d like. There are two types (a Health and Welfare LPA or a Property and Financial Affairs LPA) and you can have one or both in place
• Who you’d like to make decisions on your behalf. These people are called your Attorneys
• Who you’d like to be your Replacement Attorneys, should one of your original Attorneys be unable or unwilling to act
• How you would like your Attorneys to act
• The name of your certificate provider. This is a person who has known you for at least 2 years who can confirm that you understand the nature and effect of the LPA. Your BWEP Will Writer can do this for you.

The Lasting Power of Attorney needs to be prepared setting out the information listed above. You should ask a legal professional to do this on your behalf. This should ensure that nothing is overlooked and mitigate the chances of any mistakes. The Lasting Power of Attorney must then be registered with the Office of the Public Guardian for it to be activated.