Lasting Powers of Attorney

Lasting Powers of Attorney

We all hope they will never be required, but should the worst happen by having Lasting Powers of Attorney arranged your family/loved ones will have everything they need to care for you.

All you need to know about Lasting Powers of attorney

  • 22,000 LPAs get rejected by the OPG each year, we can ensure this will not happen to yours.
  • Don’t be one of the 78% of people that DON’T have Lasting Powers of Attorney arranged!
  • EVERY adult should have these vital documents in place.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more people to help you make decisions, or to make decisions on your behalf should you have an accident or an illness that means you cannot make your own decisions    (‘lack mental capacity’).

We were surprised and concerned to learn that only 22% of the population have these vital documents in place, leaving the majority of UK adults in a vulnerable position should their life take an unexpected turn. 

We all hope they will never be required, but should the worst happen by having Lasting Powers of Attorney arranged your family/loved ones will have everything they need to care for you.


Why do I need a solicitor to arrange this?

Yes, you can arrange this yourself for just £82 – but this is not recommended. Due to the powerful implications of this document, it is unwise to do it yourself and get it wrong!

By seeking advice from a reputable solicitor when arranging your Power of Attorney we will do our utmost to ensure that there can be no risk of abuse of the power given.

We will ensure you understand the consequences of the decisions you are making and that no undue influence is being placed on you. 

Unfortunately, there are horror stories out there of people being financially abused by the very people that are supposed to love and care for them. We will do our utmost to ensure you are protected. 

By using a Solicitor you can be reassured that the whole process is being carried out legally and correctly and we will be able to advise on any complexities such as businesses, overseas property or family difficulties.


We will advise on the following:

  • Who you should appoint to be your attorneys and making sure those you intend to appoint are willing and able to act and that they understand the duties and responsibilities they will be assuming
  • The need to nominate replacement attorneys in case your original attorneys are unable to act
  • How your wishes ought to be expressed to ensure they cater for all eventualities and are capable of being carried out
  • Any specific wording which may need to be included to enable funds held by banks and building societies to be managed on your behalf
  • Whether a separate lasting power of attorney may be necessary to protect your business interests
  • Whether there is anything about your personal circumstances which means that a lasting power of attorney may not offer you all the protection you need, such as where you have property or assets abroad
  • How a lasting power of attorney may be used where assets covered by the lasting power of attorney are owned jointly
  • The things you need to do to prevent your application for registration being rejected by The Office of the Public Guardian (22,000 LPA applications get rejected by the OPG each year!)
  • How to prevent the validity of your lasting power of attorney being challenged, such as arranging for a doctor to assess your mental capacity in the event of deteriorating mental health.

Do I need an LPA?

We understand that losing your mental capacity and your ability to make important decisions for yourself is not pleasant to think about, but it is important that everyone plans for the unexpected and having a lasting power of attorney (LPA) is one of the ways you can protect yourself and your assets should should you be involved in an accident.

Most people will be aware of the awful circumstances surrounding TV presenter Kate Garraway in 2020. Her husband Derek Draper did not have Lasting Powers of Attorney arranged and when he became seriously ill due to complications from contracting covid-19 Kate was unable to access any of their bank accounts, re-mortage their home, upgrade their phones, rearrange car insurance or even access Derek’s medical records. This highlighted to us all of the importance of having these documents in place.  

Without Lasting Powers of Attorney, if you were to lose mental capacity, your family and loved ones may need to apply to the Court of Protection for a Deputyship Order, whereby the Court chooses who to appoint on your behalf. This is a more costly process and removes the ability for you to choose who you want to act on your behalf.

There are 3 types of Lasting Powers of Attorney, detailed below. 

There are 3 types of Lasting Power of Attorney:

LPA for Property & Finance

A Lasting Power of Attorney for financial decisions can be used to allow someone to make decisions for you even while you still have mental capacity. These decisions may include such things as buying and selling a property, investing money and paying bills.


LPA for Health & Welfare

A Lasting Power of Attorney for health is different in that it only comes into effect if you have lost the capacity to make decisions for yourself. It will allow someone you trust to make decisions such as where you live, your medical care, what you eat and what kind of activities you should take part in.

LPA for Business

If you run a business, a Lasting Power of Attorney that focusses specifically on your business interests to ensure your attorneys have access to the company accounts and they have the powers in place to sign key documents if the need arises is vital.

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Common Myths about LPAs…

Myth #1: Only the elderly need an LPA

Everybody should have an LPA! While it may be true that elderly people have a greater risk of losing their mental capacity through illnesses such as dementia, younger people should not overlook the importance of LPA’s and the impact that not having one could have on themselves and their loved ones.

It is important that you put an LPA in place while you have full capacity to do so. If you were to sustain an injury or develop an illness that leaves you incapacitated and you do not have an LPA in place you run the risk of forcing your loved ones into potentially long and distressing court battles to take control of your finances and healthcare decisions. Unfortunately events that can affect mental capacity can happen at any stage of life and so it is something that you should think about putting in place regardless of your age.

Myth #2: If I make an LPA I will immediately lose the power to make decisions for myself

Making an LPA does not mean that you will lose the ability to make decisions for yourself as soon as it has been drawn up. Whilst you have mental capacity the document can only be used with your consent and when you no longer have capacity it can only be used when in your best interests to do so.

Myth #3: If I make an LPA my attorney will make all of my decisions for me if I lose mental capacity

Your attorney does not have to make all of your decisions for you unless this is what you specify that you would like them to do. When drawing up your LPA you should think carefully about which decisions you would like them to make on your behalf if you lose capacity.

A health and welfare LPA can allow your attorney to make decisions such as where you should live, what healthcare treatment you should receive and even what you should wear and eat. A property and finance LPA can allow them to make decisions regarding selling your property, dealing with benefits, bank accounts and investments, and allow them to pay your bills on your behalf.

You can specify in your LPA whether you would like your attorney to deal with all aspects of the above or only certain things.

Myth #4: I don’t need an LPA because my spouse will automatically be able to deal with my affairs if I lose mental capacity

Even if you and your spouse hold joint bank accounts they will not necessarily be automatically able to take control of your affairs if you lose capacity. In accordance with guidance from the British Bankers’ Association many banks freeze withdrawals from joint bank accounts if one of the account holders loses mental capacity. This is because the account holder without mental capacity is no longer able to agree to the terms of the agreement that both parties can withdraw from the account.

Having a property and finance LPA in place would allow your spouse to continue using the joint account on behalf of both of you. If you do not have an LPA it could take several months for your spouse to regain access to the account after a lengthy legal process through the Court of Protection.

Myth #5: If I am unable to make a decision about my own healthcare the doctors will follow the wishes of my loved ones anyway

It is a common misconception that if you were unable to make decisions about your own health and welfare that your next of kin would automatically be able to make these decisions on your behalf, and therefore you do not need to appoint an attorney.

This is not true, your next of kin do not have an automatic right to act on your behalf. A lasting power of attorney is the only way you can say who you trust implicitly to make these decisions for you, including decisions regarding life sustaining care. If you were to lose capacity without having an LPA in place your loved ones would have to go through the courts to gain permission to make these decisions and this can be a long, complex and difficult process at what is already an upsetting time for them.

Lasting Powers of Attorney – Our Guides

Lasting Powers of Attorney in the news…

Useful Resources

The Office of the Public Guardian in England and Wales is a government body that, within the framework of the Mental Capacity Act 2005, polices the activities of deputies, attorneys and guardians who act to protect the financial affairs of people who lack the mental capacity for making decisions about such things.  

Alzheimer’s Society is there for everyone affected by dementia. It is predicted that by 2025, 1 million people will be living with the condition in the UK, and many millions more carers, partners, families and friends are affected. Another reason why it is vital to get plans in place should you or anyone you love be unfortunate enough to be affected by this awful disease. Alzheimer’s Society – 

Mencap Trust have useful guides aimed at supporting people with a learning disability or autism and their carers to apply for Lasting Power of Attorney – 

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