Lasting Power of Attorney Jargon Explained

LPA (Lasting Power of Attorney)

A legal document letting you (the donor) appoint one or more attorneys to make decisions for you if you can’t, or if you’d like extra help.

Two types: Property & Financial Affairs (money, property, bills) and Health & Welfare (care, medical treatment, where you live).

Donor

You — the person making the LPA and giving authority to others.

Attorney

The trusted person (or people) you appoint to act for you. They must be 18+ and able to make their own decisions. In my opinion children ought to be allowed to be listed, but maybe only able to act when they reach 18, but that is NOT allowed sadly.

Replacement Attorney

People you name to step in if an original attorney or attorneys can no longer act (e.g. they die or lose capacity themselves).

Who can be a Certificate Provider for a Lasting Power of Attorney?

An independent person who confirms you understand the LPA and are not being pressured. They can be a professional or someone who has known you well for 2+ years. If you are local to me, I can act as the certificate provider at no extra charge. Some solicitors charge more for acting as a Certificate Provider than I do for the whole process! It is an important and potentially tough job.

Capacity (Mental Capacity)

Your ability to understand, weigh up and communicate decisions. LPAs plan ahead for times when capacity may be lost. If there is any sort of dementia diagnosis, if you act quickly, you may be able to avoid the clutches of the Court of Protection.

Best Interests

Attorneys must decide what genuinely benefits you, considering your wishes, values and any guidance you’ve given. Giving you an early inheritance is in YOUR best interests, not theirs!

Instructions

Binding rules you add to your LPA that attorneys must follow. Example: “My attorneys must take professional advice before selling my home.”

Preferences

Non‑binding wishes to guide your attorneys. Example: “I’d prefer to stay in my own home for as long as possible.”

Jointly / Jointly & Severally

Jointly: all attorneys must agree and act together. Jointly & severally: they may act together or separately.

Registration

Your LPA only takes legal effect once registered with the Office of the Public Guardian (OPG). You can register now or later, but it takes several weeks. Many are rejected due to tiny errors, so it is essential to register as soon as possible. Mistakes found later mean the Court of Protection Takes over.

Office of the Public Guardian (OPG)

The government body that checks, registers and stores LPAs, and investigates concerns about attorneys.

Enduring Power of Attorney (EPA)

The older finance‑only document replaced by Property and Financial Affairs LPAs in 2007. EPAs signed before then can still be used; you just can’t make new ones.

Court of Protection

The specialist court for people who lack capacity and don’t have an LPA. It can appoint a deputy but the process is slower, costlier and less flexible than having an LPA. Welfare deputyships are rarely granted, and most deputies are professionals and paid accordingly.

Deputy

Someone appointed by the Court of Protection to manage a person’s affairs when there’s no LPA in place.

Safeguarding Concerns

If there are worries an attorney isn’t acting properly, anyone can report this to the OPG, which can investigate and involve the court if necessary.