07851 717070
LASTING POWER OF ATTORNEY
Why should I consider creating a Lasting Power of Attorney?
The key answer is simple:
Most people assume their spouse, partner or children could automatically step in and manage things if they became ill.
Unfortunately, that's not the case.
An LPA isn’t really for when you die, it’s for situations where you’re still alive but unable to make decisions for yourself.
There are two types of LPA
There are two types of Lasting Power of Attorney, and for most people, having both provides the greatest peace of mind. A Property & Financial Affairs LPA allows the people you trust to manage your finances, pay bills, and deal with your property, savings and investments.
A Health & Welfare LPA enables them to make important decisions about your care, medical treatment and living arrangements if you're unable to do so yourself.
Together, these documents ensure that if you were ever affected by illness, an accident, a stroke or conditions such as dementia, the people you've chosen can step in and help immediately.
Without an LPA in place, your loved ones may need to apply to the Court of Protection for authority to act on your behalf , a process that can be lengthy, costly and stressful at an already difficult time.
Why not wait until later?
An LPA can only be created while you still have the mental capacity to understand and make those decisions for yourself. That’s why it’s important not to leave it too late.
If capacity is lost through illness, injury or conditions such as dementia, it becomes too late to put an LPA in place, leaving your loved ones with no option but to apply to the Court of Protection, a process that can be time-consuming, costly and emotionally draining.
Putting an LPA in place today is one of the simplest ways to protect your future and ease the burden on those closest to you. We’ll guide you through every step, helping you choose the right attorneys, appoint replacement attorneys if needed, and record any preferences or instructions so your wishes are clearly understood and respected.
Without an LPA in Place:
- Your family may be unable to access your bank accounts or manage your finances.
- Important decisions about your care, treatment and living arrangements could be made without the people you trust having a formal say.
- Loved ones may have to apply to the Court of Protection for authority to act on your behalf, a process that can be slow, costly and stressful.
With an LPA in Place:
- You choose who makes decisions for you.
- Your wishes are known and can be followed.
- Your family can act quickly when they're needed most.
- You avoid unnecessary delays, expense and uncertainty.
- You remain in control by deciding now what happens later.
Lasting Power of Attorney
"A simple way to think about it."
A Will protects your wishes after you're gone. An LPA protects you while you're still here.
Many people have a Will, but far fewer have a Lasting Power of Attorney.
Yet an LPA is often the document your family will need first. It gives the people you trust the legal authority to make decisions on your behalf if you're ever unable to do so yourself, protecting your wishes, your family and your future.
HOW IT WORKS
Key Benefits of Having a Lasting Power of Attorney (LPA).
01
You stay in Control
An LPA allows you to choose who will make decisions on your behalf if you are ever unable to make them yourself. Rather than leaving decisions to a court or medical professionals, you decide who you trust.
02
Protects You During Your Lifetime
A Will only takes effect after death. An LPA protects you if you're still alive but unable to manage your affairs due to illness, injury, dementia, or an accident.
03
Avoids Stress for Your Family
Without an LPA, loved ones may face significant delays and legal hurdles before they can help. An LPA gives them the authority they need when they need it.
04
Faster Access to Your Finances
Your chosen attorneys can manage bank accounts, pay bills, deal with pensions and investments, and ensure your financial commitments continue uninterrupted.
05
Protects Business Interests
If you own a business, an LPA can ensure someone can make important decisions, sign documents and keep operations running should you become incapacitated.
06
Provides Peace of Mind
Knowing that trusted people can step in if needed provides reassurance for both you and your family.
07
Can Be Used Before Loss of Capacity
With your consent, a Financial Affairs LPA can be used while you still have capacity, helping with practical matters if you are abroad, unwell or simply need assistance.
08
Reduces Family Disputes
By clearly appointing attorneys and setting out your wishes, an LPA can help avoid disagreements among family members during difficult times.
09
Ensures Your Health and Care Wishes Are Respected
A Health & Welfare LPA allows someone you trust to make decisions about:
- Medical treatment
- Care arrangements
- Living arrangements
- Day-to-day wellbeing
10
Avoids the Court of Protection
If you lose capacity without an LPA, your family may have to apply to the Court of Protection to become a Deputy. This process can be:
- Time-consuming
- Expensive
- Stressful
- Less flexible than an LPA
What is the £92 fee for an LPA?
The £92 is the statutory registration fee charged by the Office of the Public Guardian (OPG) to register each Lasting Power of Attorney. It is a government fee (recently increased from £82) and is charged per document, so registering both a Property & Financial and a Health & Welfare LPA means two OPG fees. It is separate from our fee for preparing your LPAs. Some people on a low income or certain benefits can apply for a reduction or exemption, and we can help you check.
Do I need both types of LPA?
Most people benefit from having both. A Property & Financial Affairs LPA covers your money and property, while a Health & Welfare LPA covers your care and medical treatment. They protect different things, and having both means your chosen attorneys can help across every area of your life if the need arises.
Can I make an LPA if a relative has already lost capacity?
Unfortunately, not. An LPA can only be created while the person making it still has mental capacity to understand it. If capacity has already been lost, the family would need to apply to the Court of Protection to become a deputy instead, which is why it is so important not to leave an LPA too late.
Who should I choose as my attorney?
Your attorneys should be people you trust completely to act in your best interests, often a spouse, adult children, a close relative or a trusted friend. You can appoint more than one, decide whether they act together or separately, and name replacements in case an attorney is unable to act. We talk all of this through with you.