How long does a power of attorney last?

A Durable Power of Attorney (LPA) is the most common form of power of attorney, granting someone legal authority to make financial and medical decisions on your behalf if you lose the ability to manage those matters yourself.

It could be an illness or accident that leaves you unable to make critical decisions on a daily basis. An LPA grants this designated person a power of attorney (the “attorney”) to act on your behalf (“the donor”) on several matters, from property and finances to health, depending on whether you have health insurance and well-being or property. & Financial Affairs LPA.

Types of Durable Powers of Attorney

A health and welfare LPA can only be used where you are incapable of making your own decisions and gives your solicitor the power to decide matters relating to:

• your daily routine (such as washing, dressing, eating)
• medical care
• move into a retirement home
• life-sustaining medical treatment

While a Property and Financial Affairs LPA can be used immediately after registration with the Office of the Public Guardian or kept on file in the event of loss of capacity. This document gives your attorney the power to decide certain aspects of your money and property, including:

• manage bank or building society accounts
• pay the bills
• receive a pension or benefits
• if necessary, sell your house.

When does my durable power of attorney end?

None of the LPAs expire unless certain circumstances change. Once registered, both LPAs remain valid until the death of the donor, or until the legal document is terminated either voluntarily or because the solicitor is no longer able to act on the donor’s behalf.

There are several reasons why a lawyer may be forced to retire from office: –

• If the donor “revokes” it.
• The lawyer himself loses his mental capacity.
• If the donor’s married or civil partner acts as power of attorney and they separate, the LPA will end, unless it is made clear in the document that a divorce would not end the power of attorney.
• If one of the two joint attorneys ceases to act as LPA, the remaining attorney cannot continue to act alone unless the document allows it.
• A property and finance lawyer who becomes bankrupt or subject to a debt relief order must also cease acting as an LPA for the donor.

If a durable power of attorney ends for any of the reasons mentioned above, the grantor can change it by contacting the Office of the Public Guardian. However, it is recommended to draft a new document each time changes are desired, as modified documents may become invalid.

Registration of a durable power of attorney

In England and Wales, registering a durable power of attorney costs £82. This can be paid online (for example via Gov.co.uk) or at any location offering services for the Office of the Public Guardian. As there are two different types of LPA in the UK, they must be purchased individually, which can double the price to £164. If a donor is financially unable to pay the fee, there are support programs available.

Application forms from the Office of the Public Guardian will contain guidance on the process of paying and establishing registration for an LPA, which can take up to 20 weeks if there are no delays. Hiring an attorney is not required to register, but their experience can streamline the process.

Who can be a durable agent?

Anyone can act as an LPA on behalf of a donor provided they are over 18 years of age. However, for a Real Estate and Business LPA, the chosen holder cannot be bankrupt. If this occurs, the attorney must cease acting as an LPA.

Four in five UK adults have not registered an LPA, with 77% of these people aged over 55. However, the number of LPAs is increasing, as according to the Office of the Public Guardian, 848,896 documents were registered in the UK during the year. 2022 – an increase of 20% compared to 2021.

How to terminate a durable power of attorney?

As an LPA does not have an expiry date, the solicitor must terminate the legal arrangement if they no longer wish to carry out the responsibilities of their role. To refuse an LPA, a notification form must be sent to the donor and the Office of the Public Guardian, together with contact details for any replacement solicitor listed in the recorded document. If there are no replacements available, an alternative method to assist the donor in their decision making may be necessary.

If you need help and support on matters relating to LPAs, whether setting up the legal document or amending an existing agreement, our specialist team at Thomas and Thomas Solicitors offers a full range of services for both types of LPA. For more support and advice, contact us here.