None of us knows when we might become unable to make decisions for ourselves. Without a Power of Attorney in place, your family may have no legal authority to step in and help, even when the need is urgent.
Making a Lasting Power of Attorney (LPA) while you still have capacity is one of the most important steps you can take to protect yourself and the people you care about. Our power of attorney solicitors guide you through the process, from choosing the right attorneys to registering your documents with the Office of the Public Guardian.
About Powers of Attorney
A Power of Attorney (POA) is a legal document that allows you to appoint one or more people to make decisions on your behalf. The person making it is known as the donor and the people appointed to act are known as attorneys.
The most common type is a Lasting Power of Attorney, designed to cover situations where you lose mental capacity. Other types, such as general or ordinary Powers of Attorney, can be used for more specific or temporary purposes.
A Power of Attorney can only be made while you have the mental capacity to understand what you are signing. If you wait until capacity has been lost, your family may need to apply to the Court of Protection for a deputyship order instead, a longer, more costly process.
Our Lasting Power of Attorney solicitors provide advice and support across the full range of Power of Attorney matters, whether you are making a new LPA, reviewing an existing arrangement or need help in your role as an appointed attorney.
Contact UsA Lasting Power of Attorney allows you to name the people you trust to make decisions on your behalf if you become unable to do so. There are two types:
Property and financial – Covers managing money, paying bills, dealing with bank accounts, collecting benefits and selling property.
Health and welfare – Covers decisions about daily care, medical treatment, where you live and, if you choose, life-sustaining treatment.
We recommend making both types. Our solicitors draft your LPA, act as your Certificate Provider and handle registration with the Office of the Public Guardian so your documents are ready to use when they are needed.
If you have been named as an attorney and are now acting on behalf of someone else, we can help you understand your duties under the Mental Capacity Act 2005. We provide practical guidance on record-keeping, financial management and the scope of your authority. For ongoing support, our managing affairs service works alongside your role as attorney.
Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. If you have an EPA made before that date, it may still be valid. We offer a free EPA checking service to help you confirm this. EPAs only cover property and financial affairs, so you may want to consider making an LPA for health and welfare alongside it.
If the person who made the EPA is losing capacity, the document must be registered with the Office of the Public Guardian before it can be used. We manage this process on your behalf.
A general or ordinary Power of Attorney is useful when you need someone to manage specific financial or business matters for a limited period, such as while you are travelling or in hospital. Unlike an LPA, it ceases to have effect if the donor loses mental capacity and is not a substitute for long-term planning.
You can revoke your LPA at any time, provided you still have capacity. Removing an attorney may be possible through a Deed of Partial Revocation. Adding a new attorney requires revoking the existing LPA and making a new one. We can advise on the right approach.
If you are an adult with property, savings or people who depend on you, a Power of Attorney is worth putting in place. Accidents and unexpected illness can happen at any age.
Without a Lasting Power of Attorney:
Making an LPA while you are well gives you control over who acts for you and how. It is one of the simplest ways to protect yourself and your family.
Why Choose Us
Specialist power of attorney solicitors
Our team regularly advises on all types of POA, from straightforward LPAs for individuals and couples to more complex arrangements involving business interests, overseas attorneys or blended families.
Registration handled for you
We manage the full registration process with the Office of the Public Guardian, so your LPA is ready to use when it is needed.
Part of your wider estate plan
A Power of Attorney works best alongside a properly drafted Will and, where appropriate, trusts and tax planning. Our team works across all areas of private client law to make sure your arrangements are consistent and coordinated.
Your Questions Asked
A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity. There are two types: one for property and financial affairs and one for health and welfare. Both must be registered with the Office of the Public Guardian before they can be used.
Anyone aged 18 or over can be appointed, provided they are willing and you trust them to act in your best interests. This can be a family member, friend or professional such as a solicitor. If someone has been made bankrupt, they cannot act as a property and financial affairs attorney.
Yes. All attorneys must sign the LPA in pen and have their signature witnessed, as LPAs cannot currently be signed electronically. We routinely arrange for attorneys abroad to print, sign and return documents by post. Once registered, your attorneys can act from anywhere in the world.
For a property and financial affairs LPA, your attorneys can act as soon as the LPA is registered, with your consent. For a health and welfare LPA, your attorneys can only act once you have lost the capacity to make the relevant decision yourself.
Registration with the Office of the Public Guardian typically takes several weeks. We recommend registering straight away so your LPA is ready if the need arises unexpectedly.
Your EPA may still be valid, but it only covers property and financial affairs. If you want someone to make health and welfare decisions on your behalf, you will need a separate LPA. We offer a free EPA checking service to help you review your existing arrangements.
If you lose mental capacity without a POA in place, your family will need to apply to the Court of Protection for a deputyship order. The court will decide who is appointed, which may not be the person you would have chosen. Making an LPA in advance avoids this entirely.
We charge a fixed fee for preparing a Lasting Power of Attorney, so you will know the cost upfront before any work begins. In addition to our legal fee, the Office of the Public Guardian charges a registration fee of £92 per LPA. So if you are making both a Property and Financial Affairs LPA and a Health and Welfare LPA, the total would be £184. An onboarding fee also applies. For a clear quote based on your circumstances, Book a Free Discovery Call.
It can take the OPG weeks to register an LPA. If you need someone to sign something for you at short notice, or only in relation to a specific task or transaction such as buying or selling a house, you may be able to make an Ordinary Power of Attorney instead. In some cases, making an Ordinary Power of Attorney can also be helpful whilst you’re waiting for your LPAs to be registered.
You can end your LPAs at any time, as long as you have mental capacity to do so. You can also remove an Attorney but you can’t add someone. If you want to add someone you’ll need to revoke your existing LPA and make a new one.
Resources
Explore our guides on Wills, Probate, Power of Attorney, Trusts, and Tax Planning.
See the previous cases we have helped clients with and our approach.
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