Frequently Asked Questions about Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone (your attorney) to make decisions on your behalf if you lose mental capacity. Without an LPA, your loved ones may face legal difficulties when making decisions about your healthcare, finances, or property.
To understand more about the benefits of an LPA, get in touch with of our friendly expert advisers today.
There are two types of LPA in England & Wales:
- Health and Welfare LPA – Covers decisions about medical treatment, care, and living arrangements.
- Property and Financial Affairs LPA – Covers decisions about finances, property, and bank accounts.
Each serves a different purpose, and many people choose to have both. Learn more about estate planning and how an LPA fits into your wider plans by visiting our Estate Planning services.
Your attorney should be someone you trust, such as a family member, friend, or professional legal adviser. They must be:
✔ Over 18 years old
✔ Mentally capable
✔ Willing to take on the role
It’s important to choose wisely, as your attorney will have legal control over crucial aspects of your life. Read more in our blog post about choosing an attorney.
If you lose mental capacity without an LPA, your family may need to apply to the Court of Protection to gain control over your finances or health decisions. This can be:
❌ Expensive – Court applications cost significantly more than setting up an LPA.
❌ Time-Consuming – The process can take months, leaving loved ones without decision-making power.
❌ Stressful – Your family may not automatically have the right to make decisions for you.
Protect your future today by setting up an LPA. Enter your details into one of the forms on this page to speak to one of our Lasting Powers of Attorney expert advisers.
To make an LPA legally valid, it must be registered with the Office of the Public Guardian (OPG). The process includes:
1️⃣ Choosing your attorneys and completing the official forms
2️⃣ Signing and witnessing the documents correctly
3️⃣ Submitting the forms to the OPG with the required fee
4️⃣ Waiting for approval, which usually takes 8-10 weeks
For step-by-step assistance, book a free consultation with our experts.
No, an LPA can only be set up while a person is still mentally capable. If someone has already lost capacity, their family may need to apply for a Deputyship Order through the Court of Protection.
To avoid this complex and costly process, it’s best to set up an LPA as soon as possible. Learn more about related Probate services if you’re handling the affairs of a loved one.
Yes, you can cancel or update your LPA at any time, as long as you still have mental capacity. You may need to:
✔ Revoke the existing LPA by notifying the Office of the Public Guardian
✔ Create a new LPA to reflect your updated wishes
✔ Inform your attorneys about any changes
Find out more about updating your estate plan in our guide on When Should You Update Your Will & LPA?.
The standard registration fee per LPA is £82 (as of 2024), payable to the Office of the Public Guardian. However, professional assistance ensures your LPA is correctly drafted and legally sound.
At Town & Country Law, we offer expert LPA drafting services to avoid costly mistakes. Get a free consultation today.
No, an LPA and a Will serve different purposes:
📝 A Will – Controls how your estate is distributed after you pass away.
🏛️ An LPA – Allows someone to make decisions for you while you’re alive but unable to manage your affairs.
Both documents are essential for complete estate planning. Learn more about making a legally valid Will to ensure your wishes are protected.
Setting up an LPA is a simple but important step in protecting your future. Our team at Town & Country Law can guide you through the process with expert advice.
📞 Call us today or book a free consultation to set up your Lasting Power of Attorney with confidence.