A Lasting Power of Attorney is a document appointing someone to manage your affairs for you. Along with a Will, it is an important part of planning for the future. If someone were to lose mental capacity and not have an LPA in place, their family would face difficulties in dealing with affairs for them. It is not possible to make an LPA once mental capacity has been lost, and family members would need to apply for a deputyship order instead, which is a lengthy process, as well as being more expensive.

Once you have made an LPA, it needs to be registered before it can be used. We can deal with the registration straightaway for you, and then the document can be kept in case it is ever needed.

For information on making a Will, see our Wills solicitors page.

The cost of an LPA depends on your requirements. If you would like a quote, please feel free to call us, and we will be happy to help.

The first step is to decide who you would like to appoint as your attorney. You should choose someone you believe will be willing and able to act when the time comes. The role can be time-consuming and sometimes complex, so you should bear this in mind and select someone who is both trustworthy and manages their own affairs well.

You can then ask a solicitor to draft the LPA form for you. If you ask us to represent you, we will talk through your options in detail and assist you in defining exactly what authority you want your attorney to have.

As a safeguard, you can choose ‘people to notify’, and they will be advised when the LPA is registered.

We will obtain your signature on the document. A certificate provider will then sign, confirming that you have the mental capacity to make an LPA. If there are concerns over an individual’s understanding, a mental capacity professional will usually prepare a report and sign this section.

Your attorneys must also sign the document, and then we will send it to the Office of the Public Guardian, together with their fee, and ask them to register it. They will write to your ‘people to notify’, and if no one objects, they will register the LPA so that it can be used. Your attorneys will be provided with a code which will allow them to access a digital service, so that they can provide a digital copy of the document to banks and other institutions as needed.

You are strongly advised to ask a solicitor to draft and register your LPA for you. Mistakes can cause difficulties and even disputes among family members. If an LPA is not registered when it is signed and an error is found later, it may be too late to rectify it if someone has lost mental capacity.

We always take the time to understand our clients’ needs and how they want their attorney to be able to assist them in the future. We can suggest the right wording for each clause, ensuring that the authority provided is clear and unambiguous.

Ideally, an LPA will be witnessed by an independent adult who is not mentioned in the document. The certificate provider can be someone who knows the person making the LPA, known as the donor, or if there are concerns over capacity, a mental capacity expert.

An LPA lasts until it is ended, either by the donor or by the court. An attorney can also decide not to act any more. A replacement can step in if there is one. If not, then the donor will be without any representation.

If an attorney is married to the donor and divorces them, their role as attorney automatically ends, unless an LPA states otherwise.

A Lasting Power of Attorney after the death of the donor, can no longer be used. At this point, their executors become responsible for their property and finances.

For more information, see our probate solicitors page.

A property and financial affairs LPA can be used as soon as it is registered, and while the donor still has mental capacity, if the donor chooses. This can be useful if they need help, for example, because they are unable to go to the bank.

An attorney can only use a Lasting Power of Attorney in respect of health and welfare once the donor has lost mental capacity. A doctor or Lasting Power of Attorney mental capacity expert can assess the individual, where necessary, to confirm that they need assistance.

An attorney must not exceed the authority granted to them in the LPA, and must adhere to the principles set out in the Mental Capacity Act 2005, as follows:

• Presume the donor has the ability to make their own decisions, unless it is proved otherwise

• Help the donor to make their own decisions as far as possible

• Allow the donor to make an unwise decision if they wish to

• Act in the best interests of the donor at all times

• When making a decision on behalf of the donor, choose the option which least restricts their rights and freedoms

An attorney must also keep comprehensive records of both finances and issues relating to decisions made on behalf of the donor. For example, a note of who they talked to about a decision, and how the decision was reached. Where necessary, the attorney should engage the services of a professional, for example, in respect of finances, legal matters, or healthcare.

A property and financial affairs attorney must look after all of the donor’s assets, including insuring and maintaining property, and monitoring investments.  

The donor’s affairs should be kept confidential at all times. An attorney cannot benefit personally from their role and must avoid any conflict of interest.