Glossary
Here are some words you'll see/hear when you're discussing/making your Lasting Power of Attorney (LPA). The help topics explain many of them in more detail.
Donor (You)
The donor is the person making the LPA and choosing other people to make decisions on their behalf. Only the donor can make decisions about their LPA, such as choosing their attorneys. A donor must be at least 18 years old and have mental capacity when they make their LPA.
Advanced decision
An advance decision is a legally binding document in which you state which life-sustaining treatments you do not want, in case you cannot decide at some point.
Applicant
The applicant is the person who applies to register the LPA – this will be ourselves and is part of the service we provide. We will act as correspondent only.
Attorney
Attorneys are people you appoint in your LPA to make decisions on your behalf. Attorneys should be people you know well and trust.
Attorneys do not need to be lawyers. Many people choose their wife, husband, civil partner, partner, children, other relatives or close friends. Attorneys must be at least 18 years old.
Certificate provider
Certificate providers are impartial people who confirm that you understand what you are doing and that nobody is forcing you to make the LPA. An LPA must have a certificate provider and there are restrictions on who can act as one.
Correspondent
The correspondent is the person that OPG will send the LPA to once it has been registered. OPG will also contact the correspondent if we have questions about the LPA.
The correspondent can be the donor, one of their attorneys, or someone else - in this case, ourselves.
Exemption
If you receive certain means-tested benefits, you can apply not to pay the fee to register their LPA. This is known as an 'exemption'. Also see 'Remission'.
Instructions
You can give specific instructions in your LPA. These tell the attorneys things that they MUST and MUST NOT do when making decisions and acting for you. Many donors do not add instructions, as they trust their attorneys to make the decisions. Also see 'Preferences'.
Jointly
When you choose to appoint your attorneys 'jointly', it means the attorneys must unanimously agree on every decision they make for you. If the attorneys cannot all agree on a decision, they cannot make it. If one attorney dies or can no longer act on your behalf, the others will not be able to make any decisions and the LPA will stop working, unless you have stated otherwise.
Jointly and severally
When you choose to appoint your attorneys 'jointly and severally', it means that attorneys can make decisions together or separately.
This is the most practical option as decisions will not be delayed, or not made, because attorneys cannot meet or agree.
Jointly for some decisions, and jointly and severally for other decisions
When you choose to appoint your attorneys 'jointly for some decisions, and jointly and severally for other decisions', it means that the attorneys must unanimously agree on some specific decisions but can make other decisions together or separately.
Donors who pick this option must clearly state ALL the decisions that must be agreed unanimously. If one attorney dies or can no longer act on your behalf, the others will not be able to make the joint decisions unless you have stated otherwise. They can continue to make other decisions.
Lasting power of attorney (LPA)
An LPA is a legal document that allows you to choose other people to make decisions on their behalf. There are 2 types of LPA:
Health and Welfare LPA, which can only be used once you no longer have mental capacity
Property and Financial affairs LPA, which can be used as soon as it's registered, if you decide you need people to help you, and if you do not have mental capacity
An LPA must be registered by the Office of the Public Guardian (OPG) before it can be used.
Life-sustaining treatment
Life-sustaining treatment is any care, medicine, surgery or other remedy that a doctor says is needed to keep you alive.
If you make a Health and Welfare LPA, you must decide whether to give your attorneys or doctors the power to allow or refuse life-sustaining treatment on your behalf. Decisions on life-sustaining treatment can only be made by others if you do not have mental capacity.
Mental capacity
Mental capacity means the ability to make a decision. A person with mental capacity has at least a general understanding of the decision they need to make, why they need to make it and what is likely to happen when they make it. Sometimes people have the capacity to make some decisions but not others.
Office of the Public Guardian (OPG)
OPG is the agency in England and Wales that registers LPAs and protects people who do not have mental capacity.
People to notify
You can choose people to be told when you apply to register the LPA. We call these 'people to notify'. Having people to notify is optional.
People to notify provide extra security as they get a chance to raise any concerns about the LPA before it's registered – for example, if they believe you have been put under pressure to make it.
Preferences
You can state any preferences in your LPA. Preferences are things you would like their attorneys to think about when making decisions on your behalf. Attorneys should take your preferences into account but do not have to follow them. Also see 'Instructions'.
Registration
Once the LPA has been made and signed, we will post it to OPG for registration. We’ll check that the LPA has been made correctly and there's nothing that would make it invalid or unworkable.
An LPA must be registered with OPG before it can be used.
Remission
If you have an income of less than £12,000 a year before tax, you can apply to pay less to apply to register their LPA. This is known as a 'remission'. Also see 'Exemption'.
Replacement attorneys
Replacement attorneys are people you choose to step in if one or more of your attorneys can no longer act or make decisions.
Witness
Witnesses are impartial people who watch you, attorneys and any replacement attorneys sign the LPA. The witnesses must also sign the LPA to say they've seen you and attorneys sign.