When can an attorney start using a Lasting Power of Attorney?

An LPA cannot be used until it has been registered with the Office of the Public Guardian.

Once registered, a Property and Financial Affairs LPA can be used with your permission while you still have mental capacity. This can be helpful if you are physically unwell, have mobility difficulties or simply want assistance managing financial matters.

If you later lose mental capacity, your attorneys can continue acting within the authority provided by the document.

A Health and Welfare LPA works differently. It can only be used when you are unable to make the specific health or welfare decision yourself. Losing capacity for one decision does not necessarily mean you lack capacity for every decision.

Your attorneys must always consider whether you can make the particular decision before acting and must follow the principles of the Mental Capacity Act.