Lasting Power of Attorney solicitors: LPAs explained

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Why getting your LPA right matters

Our team prepares Lasting Power of Attorney that hold up when they are needed most. Many problems only come to light at the point a document is used, often years later, when the person who made it can no longer put things right. We take the time to get it right the first time, so your attorneys can act without obstruction and your wishes are respected.

Understanding Lasting Power of Attorney

What a Lasting Power of Attorney is

A Lasting Power of Attorney, or LPA, is a legal document that lets you (the donor) appoint one or more people (your attorneys) to make decisions on your behalf. It replaced the older enduring power of attorney in 2007, and it is registered with the Office of the Public Guardian before it can be used. Putting a Lasting Power of Attorney in place while you have full mental capacity means the people you choose can step in smoothly if you later lose the ability to manage your own affairs. Without one, your family may have to apply to the Court of Protection instead, which is slower, more expensive and outside your control.

The two types of LPA

There are two types of Lasting Power of Attorney, and most people are advised to put both in place. A property and financial affairs LPA covers decisions about money and property, such as managing bank accounts, paying bills, collecting income and selling a home. It can be used as soon as it is registered, with your permission, or only when you lose capacity. A health and welfare LPA covers decisions about your care and medical treatment, including where you live, day-to-day care and, if you choose, decisions about life-sustaining treatment. This type can only be used once you are no longer able to make those decisions yourself. The two cover very different ground, which is why we usually recommend both.

Choosing your attorneys

Your attorneys hold significant responsibility, so who you appoint matters. They must always act in your best interests, follow the principles of the Mental Capacity Act 2005, and keep your money separate from their own. You can appoint more than one attorney and decide whether they must act together or can act independently, and you can name replacements in case an attorney is unable to continue. As LPA solicitors, we help you think through these choices properly, rather than leaving gaps that cause difficulty later.

The cost of a Lasting Power of Attorney

The cost of a Lasting Power of Attorney has two parts: the registration fee payable to the Office of the Public Guardian for each LPA, and the professional fees for the advice and preparation. Some people are exempt from or entitled to a reduction in the registration fee depending on their circumstances. We are clear about our fees from the outset and can often prepare LPAs on a fixed-fee basis, so you know exactly what you are paying before any work begins.

How we work

We make putting a Lasting Power of Attorney in place straightforward, and we give the decisions behind it the care they deserve. This is not a form-filling exercise; it is a document that may one day give someone authority over your home, your money and your care.

Clear advice on which LPAs you need and how they should be structured;
Careful drafting of any preferences and instructions, so your document reflects what you actually want;
Guidance on choosing and appointing attorneys and replacements;
Handling of registration with the Office of the Public Guardian on your behalf; and
Fixed-fee options where appropriate, agreed with you before we start.

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Frequently Asked Questions

What is a Lasting Power of Attorney and do I need one?

Most adults benefit from one, not only the elderly or unwell. Capacity can be lost suddenly at any age, through an accident or illness such as a stroke, and an LPA is the only way to choose in advance who makes decisions for you. If you own property, run a business, or simply want to spare your family a Court of Protection application, it is worth putting one in place while you are well.

What is the difference between the two types of Lasting Power of Attorney?

The practical distinction is when each can be used. A property and financial affairs LPA can operate as soon as it is registered, so an attorney can help while you still have capacity, for example, if illness makes managing money difficult. A health and welfare LPA only ever activates once you can no longer make care decisions yourself. This is why many people put the financial LPA to use long before the health one is ever needed.

How much does a solicitor charge to set up an LPA?

It is usually more cost-effective to prepare both LPAs together rather than one at a time, and cheaper again to do them alongside a will as part of wider planning. The higher cost to weigh, though, is the alternative: if you lose capacity without an LPA in place, a Court of Protection deputyship application costs considerably more and takes months, so setting one up now is the economical and safer choice.

Can I set up a power of attorney for an elderly parent?

You cannot create an LPA on someone else's behalf. Your parent must make it themselves and have the mental capacity to understand what they are doing. You can help them arrange it and be appointed as their attorney. If a parent has already lost capacity, an LPA is no longer possible, and an application to the Court of Protection for deputyship would be needed instead. Acting early is important.

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