Making sure your wishes are carried out and you are protected when you are no longer able to make decisions for yourself is important whatever your age. Our experienced team of LPA solicitors are here to guide you through considerations about how your financial affairs and medical needs can be met if you lose capacity in the future.
make an enquiryMany people do not realise that no one person automatically has the legal authority to step in and manage your affairs for you if you should lose capacity to manage them during your lifetime.
A Lasting Power of Attorney (LPA) allows you to specify in advance of any loss of capacity who you wish to make decisions for you (your attorney or attorneys) if an accident or illness means that you lose the capacity to make those important decisions yourself. An LPA lets you choose attorneys that you trust to make those decisions for you. Explore common misconceptions about LPAs and learn how they can protect your wishes when you can no longer make decisions yourself.
There are two types of Lasting Powers of Attorney available:
The main advantage of having two separate types of LPA is that you can choose the attorneys dependent upon the type of decisions that need to be made. The person or people you wish to manage your financial affairs may not be the same person or people you would like to take decisions in relation to your health and welfare.
Attorneys are under a legal duty to act in your best interests and must involve you in any decision-making process where this is possible. If you wish, you can include restrictions or give guidance to your attorney or attorneys in your LPAs so as to limit their decision making to certain assets or situations.
You do not need to put in place both a health and welfare LPA and a property and financial affairs LPA and can simply choose the document which you feel is relevant to your circumstances. However, generally it is better to have both types in place and consideration should be given to the benefits of both documents.
If you do not have an LPA in place and you lose the capacity to make decisions for yourself, an application has to be made to the Court of Protection for the court to appoint someone to make those decisions on your behalf.
While you can set up an LPA independently, many people find reassurance in having expert guidance. Creating a Lasting Power of Attorney with a solicitor ensures that the document is correctly drafted and legally sound. Solicitors provide professional advice tailored to your specific situation, helping you understand the implications of your choices. They also ensure that the document meets all legal requirements, reducing the risk of errors that could render it invalid. Learn more about why you need to create a lasting power of attorney with a legal professional.
Understanding the different types of Power of Attorney (PoA) is crucial for making informed choices about who manages your affairs and how they are handled.
An Ordinary Power of Attorney is designed for short-term needs.
It allows you to appoint someone to manage your financial matters while you’re still able to make decisions yourself.
Typically, this is the choice for straightforward, temporary situations.
An Enduring Power of Attorney (EPA) is an older legal option set up by some individuals before October 2007.
If you have an EPA, it’s still valid today, primarily focusing on handling your financial and property matters.
Our team of LPA solicitors can guide you through understanding your existing EPA and advise on transitioning to an LPA if it suits your needs better.
With the complexities surrounding the creation of a Lasting Power of Attorney, seeking expert legal guidance is crucial to ensure your intentions are accurately documented and legally compliant.
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Someone who you can meet in person and who will spend the time to understand your requirements in the detail they deserve.
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Our team of experts are friendly and sensitive to the issues raised by powers of attorney and can guide you through the steps you need to take.
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If you lose mental capacity without an LPA in place, your loved ones will need to apply to the Court of Protection to be appointed as your deputy—a process that is more time-consuming, costly, and restrictive.
If your sole attorney dies and no replacement is named, the LPA will no longer be valid. You would need to make a new LPA while you still have capacity.
Registration with the Office of the Public Guardian typically takes around 8 to 10 weeks, assuming there are no errors or objections.
Yes, you can revoke an LPA at any time as long as you still have mental capacity to make that decision. The revocation must be made in writing.
You’re not legally required to use a solicitor, but professional advice ensures the document is completed accurately and reflects your wishes fully, helping avoid future disputes or delays.
The witness must be over 18 and not named as an attorney. They must observe the signing in person and be mentally capable themselves.
Attorneys must be over 18 and mentally capable. They should be people you trust to act in your best interests—often family members, close friends, or professionals.
The Office of the Public Guardian charges £82 to register each LPA, so both types (Property & Financial Affairs and Health & Welfare) cost £164. If you use our professional services, fees will vary depending on your needs. You may be eligible for a reduced or waived fee if you’re on a low income or certain benefits—we can help with this.
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