Lasting Power of Attorney Solicitors
If you want to ensure that someone you trust can make decisions on your behalf if you lose mental capacity, our solicitors, with over 15 years of experience in private client law in England and Wales, can help.
A lasting power of attorney (LPA) is a legal document made under the Mental Capacity Act 2005 that authorises a named person (the attorney) to make decisions on behalf of the person who made the LPA (the donor). There are two types: an LPA for property and financial affairs, which can be used both while the donor has capacity (if the donor permits) and after capacity is lost; and an LPA for health and welfare, which can only be used once the donor has lost capacity to make the relevant decision. Both types must be registered with the Office of the Public Guardian before they can be used.
The donor must have mental capacity at the time the LPA is made. Once capacity has been lost, it is no longer possible to make a valid LPA. At that point, anyone wishing to manage the person’s affairs or make welfare decisions would need to apply to the Court of Protection for a deputyship order, a more costly and time-consuming process. Making an LPA while capacity is intact is one of the most practical and protective steps a person can take.
Law Lane Solicitors advises clients on the preparation, execution, and registration of LPAs from offices in Stratford, High Holborn, and Croydon. Founded in 2015 and regulated by the Solicitors Regulation Authority, our team takes care of the full process, including checking that the document meets the requirements of the Mental Capacity Act 2005 and submitting it for registration with the Office of the Public Guardian. Our reviews show a 4.95 rating from over 1,200 reviews.
What does our lasting power of attorney service cover?
We advise and act on the full range of LPA matters for donors, attorneys, and those acting in a supporting capacity. Our team assists with:
- Property and financial affairs LPAs, authorising the attorney to manage bank accounts, investments, property transactions, tax affairs, and other financial matters on the donor’s behalf
- Health and welfare LPAs, authorising the attorney to make decisions about the donor’s medical treatment, care arrangements, and day-to-day personal welfare once the donor has lost capacity
- Advising donors on the choice of attorney, including the option to appoint multiple attorneys and whether they should act jointly, jointly and severally, or jointly for some decisions and severally for others
- Advising on the appointment of a replacement attorney, to take over if the primary attorney cannot or will not act
- Certificate provider requirements: every LPA requires a certificate provider to certify that the donor understands the document and is not being pressured into signing; we can act as certificate provider where appropriate
- Notifying persons: advising on who must or should be notified when the LPA is registered and the effect of an objection from a named person
- Registration with the Office of the Public Guardian, including preparing the application, paying the relevant fee, and corresponding with the Office of the Public Guardian on any queries
- Advising attorneys on their duties and powers once the LPA is registered, including the duty to act in the donor’s best interests under the Mental Capacity Act 2005
- Enduring powers of attorney: advising on EPAs made before 1st October 2007 that may still be valid if registered or registerable with the Office of the Public Guardian; EPAs were replaced by LPAs on that date and no new EPAs can be created
- Reviewing and advising on concerns about an attorney’s conduct, including where a donor or family member has concerns about how an attorney is using their powers
Why choose Law Lane for lasting powers of attorney?
The LPA process involves specific formal requirements that must be met in the correct order for the document to be valid and registerable. The donor must sign the LPA before the certificate provider signs, and the attorneys must sign after the donor. Errors in the execution sequence, missing pages, or incorrect completion of the statutory forms can result in rejection by the Office of the Public Guardian, causing delay and additional cost. Our solicitors manage the process from beginning to registration, reducing the risk of errors that require the document to be remade.
Many clients come to us because they are making wills at the same time and want to put a full personal legal plan in place. An LPA and a will serve complementary purposes: the will provides for what happens after your death, while the LPA provides for what happens if you are alive but lack capacity. Making both at the same time is efficient and ensures that each document is consistent with the other.
Where a donor’s capacity may be reduced or is likely to deteriorate, we take particular care over the process, including advising on the steps needed to evidence that the donor understood the document and made the LPA freely. We also advise family members and attorneys who have concerns about whether an existing LPA was properly made or whether an attorney is acting in the donor’s best interests.
Get in touch
Making a lasting power of attorney while you have capacity is one of the most straightforward ways to protect yourself and your family from the practical and legal difficulties that arise if capacity is lost without one in place.
Phone: 020 7870 4870 or email: info@lawlanesolicitors.co.uk
Law Lane Solicitors is proud to be accredited under The Law Society’s Immigration and Asylum Accreditation.
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Frequently Asked Questions – Lasting Power of Attorney
What is a lasting power of attorney?
A lasting power of attorney is a legal document made under the Mental Capacity Act 2005 by which a person (the donor) appoints one or more attorneys to make decisions on their behalf. There are two types: property and financial affairs, and health and welfare. An LPA must be registered with the Office of the Public Guardian before it can be used. A health and welfare LPA can only be used after the donor has lost capacity; a property and financial affairs LPA can, if the donor permits, be used while the donor still has capacity.
What is the difference between an LPA and an enduring power of attorney?
Enduring powers of attorney were replaced by lasting powers of attorney on 1st October 2007. No new EPAs can be created after that date. An EPA made before 1st October 2007 may still be valid, but it must be registered with the Office of the Public Guardian before it can be used once the donor has lost or is losing mental capacity. EPAs only covered property and financial affairs. LPAs introduced two separate documents covering financial affairs and health and welfare separately, with stronger safeguards, including a mandatory certificate provider.
Does the attorney have to wait until I lose capacity before using the LPA?
For a health and welfare LPA, yes. That type can only be used when the donor lacks capacity to make the specific decision in question. For a property and financial affairs LPA, the donor can choose whether to allow the attorney to use the LPA while the donor still has capacity (which can be helpful for practical convenience) or to restrict use to situations where capacity has been lost. We advise on the appropriate scope when the LPA is drafted.
Can I choose more than one attorney?
Yes. The donor can appoint more than one attorney and specify whether they must act jointly (all attorneys must agree on every decision), jointly and severally (any attorney can act alone), or a combination of both for different types of decision. Joint appointment gives additional protection but requires all attorneys to agree, which can cause practical difficulties. Jointly and severally allows any one attorney to act alone, which is more flexible. We advise on the advantages and risks of each arrangement for your specific circumstances.
What happens if I lose capacity without an LPA in place?
If a person loses mental capacity without a registered LPA in place, no one has automatic legal authority to manage their financial affairs or make welfare decisions on their behalf. A family member or other person would need to apply to the Court of Protection for a deputyship order under the Mental Capacity Act 2005. That process is more involved and more costly than making an LPA in advance, and the court, not the individual, determines who is appointed. Banks and other institutions will not accept informal arrangements.
Can an attorney do whatever they like with the donor's assets?
No. An attorney under an LPA must act in the donor’s best interests, as required by the Mental Capacity Act 2005. The attorney must follow the statutory principles set out in the Act, take account of the donor’s past and present wishes, and consider the option that is least restrictive of the donor’s rights. The attorney is not permitted to use the donor’s assets for their own benefit unless the LPA expressly permits specific gifts or the donor’s consent is obtained. The Office of the Public Guardian supervises attorneys and can investigate concerns about misuse.
Can I cancel an LPA once it has been made?
Yes. A donor who retains mental capacity can revoke an LPA at any time by notifying the Office of the Public Guardian. The revocation must be in writing and the Office of the Public Guardian will cancel the registration. Once capacity has been lost, the donor cannot revoke the LPA independently, but the Court of Protection has power to revoke an LPA and remove an attorney where there are grounds to do so.
How long does it take to register an LPA?
The Office of the Public Guardian currently takes several weeks to process an LPA registration application, and the timeframe can vary. We prepare and submit the application promptly once the LPA has been correctly executed. Clients should not wait until a health crisis or urgent financial need arises before registering, as the LPA cannot be used until registration is complete.
How much does an initial consultation cost?
We offer a fixed-fee initial consultation for LPA matters. At that meeting, we will explain both types of LPA, advise on the choice of attorney and structure that suits your circumstances, and give a clear costs estimate for preparing and registering the documents. Please get in touch to arrange a time.
Private Client Team
Tahir Shahab Khan
Supervising Director, Solicitor AdvocateView Profile | ContactBook Appointment
Nehal Shah
ParalegalView Profile | ContactBook Appointment
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