Frequently Asked Questions

An LPA can only be made while you still have mental capacity. If you lose capacity without one in place, your loved ones would need to apply to the court for deputyship — a longer, more expensive, and more public process. Making an LPA early is a form of planning ahead, not a sign that anything is wrong.

Not immediately. An LPA only comes into effect once you've lost the mental capacity to make the relevant decisions yourself. Until then, you retain full control over your own affairs.

Anyone aged 21 or above whom you trust. You can appoint more than one donee, and decide whether they must act jointly (together, on every decision) or jointly and severally (each able to act independently). Many people also name a replacement donee in case their first choice is unable to act when needed.

Yes. As long as you still have mental capacity, you can revoke or update your LPA at any time.

Form 1 is the standard form, with fixed, pre-set donee powers — it covers most people's needs and can be completed online without a lawyer. Form 2 is for customised arrangements (for example, specific restrictions or conditions on how your donee can act) and must be drafted by a lawyer before you certify it with a Certificate Issuer. Most patients use Form 1.

Yes, you will still need an LPA — a Will and an LPA cover completely different situations, and having one doesn't replace the other. A Will only takes effect after you pass away. It has no legal power while you're alive, no matter your mental state. An LPA takes effect while you're still alive but have lost mental capacity — for example, due to a stroke, dementia, or an accident. Without an LPA, your loved ones would need to apply to the court for deputyship to manage your affairs on your behalf, which is a longer, more costly, and more stressful process.