Lasting Powers of Attorney Solicitors

Our Private Wealth solicitors are specialists in advising on Lasting Powers of Attorney (LPA). We have the necessary experience and compassion to advise you on the preparation and registration of your LPAs.

What is a Lasting Power of Attorney?

Lasting Powers of Attorney (or often referred to as LPAs) are legal documents which allow a person (the Donor) to appoint someone (the Attorney) to assist in making decisions on their behalf.  The document will need to be registered at the Office of the Public Guardian before it can be used.

There are two types of LPAs: “Property and Financial Affairs” and “Health and Welfare.” The first of these documents allow the Attorney to make decisions on the Donor’s behalf in relation to property and financial affairs, whereas the second document extends the Attorney’s powers to include decisions relating to the Donor’s health and wellbeing.

You may appoint one or more people as your Attorneys, but many considerations have to be given when deciding who to appoint.  For example, do you want all of your Attorneys to act together, or independently? Alternatively, it is possible to appoint your Attorneys to act jointly in respect of some decisions and jointly and severally in respect of other decisions.

It is important to remember that your Attorney must always act in your best interests and are governed by the Mental Capacity Act.

Before LPAs can be used, they must be registered with the Office of the Public Guardian.

Our Private Client solicitors will be able to advise on the best option for you in your circumstances.

What is the difference between Lasting Power of Attorney and Court of Protection?

Lasting Powers of Attorney (LPAs) can be made at any time, assuming that you have the requisite level of mental capacity.

If someone has lost their mental capacity and they do not have a Lasting Power of Attorney in place, an application will need to be made to the Court of Protection to appoint someone to act as a ‘Deputy’. If successful they will receive an Order setting out the extent of their powers.

Registering a Lasting Power of Attorney

If you would like further information on the preparation and registration process in relation to Lasting Powers of Attorney, fee exemptions and remissions have a look on our Registering a Lasting Power of Attorney page.

Contact us

Request a video call, phone call or a meeting in person with one of our lasting powers of attorney solicitors...



    The reCAPTCHA verification period has expired. Please reload the page.

    Podcast: Lasting Power of Attorney

    Our Private Client team talk about the what Lasting Power of Attorney does, what it covers and the importance of making Lasting Power of Attorney (LPA).

    Common Questions About LPA’s


     

    What are the different types of Powers of Attorney?

    Lasting Powers of Attorney (LPA)

    As discussed above, there are two different types of LPAs: “Property and Financial Affairs” and “Health and Welfare.”

    However, there are a number of different Powers of Attorney which may be used in addition to LPAs.

    General Powers of Attorney

    This is the shortest type of Power of Attorney and can only be used to give power over the Donor’s property and financial affairs. This type of document is useful for short-term needs, for example if the Donor is going away and wishes the Attorney to manage their affairs during that time. This does not stop the Donor from managing their own affairs and the Attorney will be accountable to the Donor for the decisions made and the actions taken on the Donor’s behalf. However, it should be noted that the General Power of Attorney will cease to be effective if the Donor loses their mental capacity. 

    Enduring Power of Attorney (EPA)

    It is no longer possible to make this type of Power of Attorney, however EPAs that were made in previous years are valid and will remain so provided that they were properly executed. An EPA will allow the Attorney to make decisions about the Donor’s property and financial affairs. However, an EPA must be registered if the Donor begins to lose their mental capacity. If you would like to discuss this further or require any advice or assistance in respect of the registration process, please contact a member of our Private Wealth Team.

    When can an LPA be made?

    The Donor must be over the age of 18 and must understand the following:

    1. The extent of the power they are giving to their Attorney;
    2. The possible consequences of allowing an Attorney to deal with their affairs; and
    3. Be aware of their assets and responsibilities.
    What if your circumstances change?

    In the event that your personal circumstances change you should seek advice as to whether your LPA needs to be updated. However, minor changes such as a change of address will not invalidate the LPA.

    What decisions can an Attorney make on behalf of a Donor?

    The powers given under an EPA and a registered LPA for Property and Financial Affairs include:

    • Buying and selling the Donor’s property
    • Opening, closing and operating the Donor’s bank and building society accounts
    • Buying, selling and dealing with the Donor’s investments
    • Claiming any benefits that the Donor is entitled to, such as their Pension or Attendance Allowance and other State benefits

    The Attorney cannot make a Will or vote on the Donor’s behalf.

    Unless the Donor gives the Attorney the power to, the Attorney cannot have access to the Donor’s Will.

    The powers given under a Health and Welfare LPA include:

    • Giving or refusing consent to particular types of healthcare
    • Liaising with Social Services about care packages to enable the Donor to stay in their own home, or, if necessary, finding a suitable residential care or nursing home
    • Everyday decisions such as what the Donor should wear or what meals they will have

    In both cases, an Attorney must support and help the Donor to reach decisions. The Attorney must have regard to any guidance or instruction that the Donor may have included in the LPA or stored alongside an LPA.

    Who else needs to be involved?

    The Attorneys

    The Donor should ensure that they have discussed their wishes with the proposed Attorneys to ensure that they are happy to act.

    The Certificate Provider

    This is the person who will go through the document with the Donor and ensure they understand the powers they are giving to the Attorneys. The Certificate Provider will then sign the document to confirm that they are satisfied that the Donor understands the purpose of the LPA and that they have sufficient capacity to sign the LPA.

    Notified Persons

    Whilst it is not compulsory, depending on your circumstances it may be sensible to consider formally notifying other individuals. This is done at the time of registration to provide the opportunity for the notified person to raise any concerns that they may have in relation to your proposed Attorney.

    Caring for your loved ones – creating an LPA

    It’s that time of year again when romance is in the air, and we tend to think more fondly about our loved ones.

    Q&A: Understanding Power of Attorney

    By having a Lasting Power of Attorney (LPA) in place, it allows you to appoint one or two close friends or relatives to make decisions.

    The Importance of Corporate Powers of Attorney

    Corporate power of attorney can be given by company directors or shareholders to appoint another person to carry out responsibilities on their behalf.

    Making a Lasting Power of Attorney – before it’s too late

    We highlight the importance of Lasting Powers of Attorney to enable your loved ones to make decisions on your behalf after loss of mental capactiy.

    Pitfalls of DIY Lasting Powers of Attorney

    This is the second of three articles designed to highlight the pitfalls of do it yourself Wills, Lasting Powers of Attorney and Probate.

    What do I do if my Executors, Trustee or Attorney dies or gets dementia?

    It is not uncommon to find that a client outlives their solicitor, or discovers that their solicitor has retired or gone senile, or both!

    The Benefits of Lasting Powers of Attorney

    A recent Law Society blog by the Society’s Private Client Section member Jane Cassell focused on…

    Our Private Wealth Team

    • All departments
    • Agricultural Law
    • Brexit
    • Careers
    • Co Co - Employee Share Schemes
    • Co Co - Recovery & Insolvency
    • Co Co - Restructuring
    • Co Co Corporate Governance
    • Co Co Corporate lending
    • Co Co Financial Services
    • Co Co Franchising
    • Co Co GDPR
    • Co Co in-house legal support
    • Co Co International Contracts
    • Co Co M&A's
    • Co Co MBOs & MBIs
    • Co Co Partnership and LLPs
    • Co Co Regulatory, Compliance & Competition
    • Co Co Shareholders Agreements
    • Co Co Terms and Conditions
    • Co Co- Intellectual Property
    • CoCo - Banking and Finance
    • CoCo - New Businsess
    • CoCo Competition Law
    • CoCo Consumer Law
    • CoCo Data Protection - Marketing
    • CoCo Data, IT & Technology
    • Commercial Law
    • Commercial Property
    • Construction
    • Corporate & Commercial
    • Corporate Law
    • Debt Recovery
    • Dispute Resolution
    • Disputes - Business
    • Disputes - Declarations of trust
    • Disputes - Probate and inheritance
    • Disputes - Professional negligence
    • Disputes - Restrictive Covenants
    • Disputes - Shareholders & Partnership
    • Disputes - Tenants in Residential Property
    • Disputes - Wills, trusts & probate disputes
    • Disputes and Small Claims
    • Disputes Construction
    • Disputes with Co-owners
    • Divorce
    • Employee - Termination
    • Employer - Termination
    • Employment
    • Employment - Business protection
    • Employment - Collective consultations
    • Employment - Contracts, services, consultancy
    • Employment - Employee benefits
    • Employment - Employee Procedures
    • Employment - Equality, discrimination and harassment
    • Employment - Family Friendly Rights
    • Employment - GDPR and Data Protection
    • Employment - Post employment obligations
    • Employment - Redundancy & Reorganisation
    • Employment - Settlement Agreements
    • Employment - Tribunal Claims
    • Employment - TUPE
    • Employment - Wages, holiday and sick pay
    • Employment - Workers rights
    • Employment Tribunal claims
    • Estate Administration
    • Expat Legal Services
    • Family Law
    • Financial Services
    • GDPR
    • Help to Buy
    • Immigration law
    • International Legal Services
    • Key Property Contacts
    • Land and Property Disputes
    • Land, development and construction
    • Lasting Powers of Attorney
    • Leasehold
    • Licensing Law
    • Money, Tax and Inheritance
    • New Build Conveyancing
    • Private Wealth and Inheritance
    • Professional Negligence
    • Property Finance
    • Property Law
    • Residential Property
    • Residential Property - Completions
    • Residential Property - Shared Ownership
    • Trainee Solicitor
    • Wills, Trusts & Probate

    Latest Insights

    Award winning legal advice

    Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.

    +44 (0)1276 686 222

    Email: info@herrington-carmichael.com

    Farnborough
    Brennan House, Farnborough Aerospace Centre Business Park, Farnborough, GU14 6XR

    Reading (Appointment only)
    The Abbey, Abbey Gardens, Abbey Street, Reading RG1 3BA

    Ascot (Appointment only)
    102, Berkshire House, 39-51 High Street, Ascot, Berkshire SL5 7HY

    London (Appointment only)
    60 St Martins Lane, Covent Garden, London WC2N 4JS

    Privacy Policy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies  |   Client Feedback   |  Diversity Data

     

     

    Our Services

    Corporate Lawyers
    Commercial Lawyers
    Commercial Property Lawyers
    Conveyancing Solicitors
    Dispute Resolution Lawyers
    Divorce & Family Lawyers
    Employment Lawyers
    Immigration Law Services
    Private Wealth & Inheritance Lawyers
    Startups & New Business Lawyers

    Pay Online >

    Please be aware that we have no plans to change our bank details. If you receive any indication that any of our bank details have changed please contact us before sending us any funds. We take no responsibility for monies you transfer into the wrong bank account.

    © 2024 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority with registration number 446245.