A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint up to 4 people of your choice to make decisions on your behalf, should you ever become unable to do so yourself or would simply like to have help managing your financial affairs. There are 2 types of LPA to choose from, one deals with your financial affairs and the other your health and welfare interests. 

Our specialist lawyers can handle the preparation and administration of LPAs. We believe everyone should be encouraged to grant lasting powers of attorney, which will be invaluable if they should ever lose mental capacity. 

Our experienced team can guide you through the entire LPA process, including: 

  • Explaining the process
  • Helping you choose the suitable type of LPA 
  • Drafting documents 
  • Providing assistance to attorneys to help them carry out their roles effectively 
  • Taking on the role as your attorney if you would like us to do so

If someone does become mentally incapacitated and no Lasting Power of Attorney (or Enduring Power of Attorney) is in place, we can help guide you through the Court of Protection procedures that are required when dealing with an incapacitated person’s property and financial affairs, and any welfare decisions that may need to be made. 

In 2017 we received the Law Society’s prestigious Excellence in Private Client Practice award for our work in this area of law.  

We can provide different pricing options depending on your budget and we are happy to have an initial chat without obligation – contact us today. 

A Guide To A Lasting Power Of Attorney

Download our free guide, without obligation.

Download Guide

Get In Touch

Please complete this form so we can help assist you. A member of our team will get back to you shortly.

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Consent*

Related Services

LPAs: Thinking in Colour, Explaining in Black and White

Planning for the future doesn’t have to be complicated. At Wollens, we believe in thinking creatively and compassionately — but when it comes to legal decisions, clarity is key. That’s why we’ve answered some of the most common questions about Lasting Powers of Attorney (LPAs) in plain English. Whether you’re just starting to think about it or ready to put plans in place, here’s the black and white on what you need to know.

What’s the difference between an LPA and a deputyship order?

An LPA is made while you still have mental capacity, allowing you to choose who will make decisions for you. A deputyship order is granted by the Court of Protection after someone loses capacity, and it’s usually more costly and time-consuming.  Someone needs to make an application to the court, which involves gathering and providing the court with information about your property and financial affairs, and personal situation.  

Can I make an LPA if I’ve been diagnosed with dementia?

Yes, as long as you still have mental capacity at the time of making the LPA. A solicitor or medical professional may need to assess your capacity to ensure the LPA is valid.

What happens if my attorney dies or becomes unable to act?

If you’ve appointed replacement attorneys, they can step in. If not, and no attorneys are left, the LPA becomes invalid, and a deputyship may be needed if you no longer have mental capacity to make a new LPA.

Can I restrict what my attorney can do?

Yes, you can include instructions or preferences in your LPA to limit or guide your attorney’s decisions. These must be clear and legally appropriate.  Your attorneys may need to interpret your instructions and preferences at a time when you can no longer explain what you mean.

How do attorneys prove their authority to banks or care providers?

Once the LPA is registered, attorneys receive a certified copy which they can present to institutions. Most organisations will require identity checks and some banks and building societies will ask the attorney to make a personal appointment to go through the process.

What’s the role of the certificate provider?

The certificate provider confirms that you understand the LPA and are not under pressure to make it. They must be someone who knows you well or a professional like a solicitor or doctor.  They cannot be your attorney or a partner or close relative of them.

Can I use an LPA immediately after registration, or only if I lose capacity?

Property and Financial Affairs LPAs can be used immediately if you choose. Health and Welfare LPAs can only be used once you’ve lost capacity.

What are the risks of not having an LPA?

Without an LPA, no one has automatic authority to make decisions for you. Loved ones may need to apply for a deputyship, which is more complex and expensive.

Can my attorney make gifts or change my will?

Attorneys can make limited gifts, such as birthday or seasonal gifts, but they cannot change your will. Any major financial decisions must be in your best interests.

How do I raise concerns about someone misusing an LPA?

You can contact the Office of the Public Guardian (OPG), which investigates concerns about attorneys. Safeguards are in place to protect you from abuse or misuse.