The Pearson Pension Plan

A lasting power of attorney (LPA) is a legal document that allows you (the ‘donor’) to appoint one or more people (known as ‘attorneys’) to help you make decisions, or act on your behalf.

How do you apply for a LPA in England and Wales?

The Office of the Public Guardian (OPG) is a government organisation, whose role is to register LPAs. Through their website, you can download the relevant forms or fill them out online.

There are two types of LPAs:

Health and welfare

This can only be used by your attorney when you are unable to make your own decisions on certain topics that include:

• Your daily routine
• Medical care
• Moving into a care home
• Life-sustaining treatment

Property and financial affair

This can be used as soon as it is registered, and will allow your attorney, with your permission, to make decisions on money and property, for example:

• Managing a bank or building society account
• Paying bills
• Collecting benefits or a pension
• Selling your home

If you registered for an LPA on, or after, 17 July 2020, you could use the new GOV.UK online service. The service will allow us to check an LPA online and means that you will not need to send us the original or a certified copy of the document.

If the LPA was put in place before 17 July 2020, you will need to send an original or certified copy of the document.

Please note that there are different processes in Scotland and Northern Ireland, which are explained below.

• How do you apply for a power of attorney in Scotland?

  Power of attorneys in Scotland are a written document which includes a certificate signed either:

  • a solicitor who is registered to practise law in Scotland,
  • a practising member of the Faculty of Advocates, or
  • a registered UK medical doctor who holds a licence to practise.

  Once a power or attorney is registered with the Office of the Public Guardian in Scotland, it will last unless you decide to cancel it, or there is a change on circumstance. A link to this website for more information can be found at the bottom of this page.

• How do you apply for a power of attorney in Northern Ireland?

  You can apply for a power or attorney in Northern Ireland, which will allow someone else to take actions or make decisions on your behalf. The power or attorney will however cease when you become mentally incapable of managing your affairs.

  If you would like someone to continue to make these decisions when you are not mentally capable, you can apply for an Enduring Power of Attorney. With this document you can put restrictions or conditions as to when the document can be used.

  Please use the link in the list below for further information.

What happens if you do not have an LPA?

In England and Wales, if there comes a time in the future when you do not have the mental capacity to make or communicate your own decisions, and you have not created an LPA, it may become necessary for the Court of Protection to become involved. The Court of Protection can issue a Court of Protection Order, which appoints someone (a “deputy”) to make decisions for someone else (a “donor”).