Lasting Powers of Attorney
Set up a Lasting Power of Attorney to remain in control of your future
Lasting Powers of Attorney Solicitors in Crowborough, Burgess Hill & Haywards Heath
Setting up a Lasting Power of Attorney gives you peace of mind that someone trusted can step in when needed should you lose capacity. It’s especially relevant for older adults or those planning for future care needs.
What is a Lasting Power of Attorney?
You may think your partner or close family members can make decisions for you if you’re not able to, but this is not the case. If they had to pay your bills or make a choice about your care, they would need legal authority.
A Lasting Power of Attorney (LPA) is a legal document that allows you (known as the Donor) to appoint a person or persons (known as the Attorney or Attorneys) to make decisions on your behalf you should you be unable to make those decisions for yourself.
It gives you the opportunity to appoint those you know and trust to make decisions that are in your best interests when you are at your most vulnerable.
Lasting Powers of Attorney must be registered with the government body known as the Office of the Public Guardian (the OPG) before they are able to be used, and can only be made when the Donor has the required mental capacity to make them. The OPG does charge a fee to register each LPA.
Did you know there are two types of LPA?
Finance and property
A finance and property LPA gives someone you trust the power to make decisions about your money and property. For example:
paying bills
managing a bank or building society
collecting benefits or a pension
selling your home
These powers can be used at any time, but only when you have specified it’s okay to do so.
Health and Welfare
A health and welfare LPA gives someone you trust the power to make decisions on your behalf about your health and care. For example:
your daily routine like washing, dressing and eating
medical care
moving into a care home
life-sustaining treatment
You apply and register it now, but it’s only used if you can’t make your own decisions in the future.
Why choose Claire Nash Solicitors for your LPAs?
Our friendly team will guide you through the process and ensure that your LPA is set up correctly.
Our experienced LPA
solicitors and professionals
Claire Nash
Emma Santos
Anna Wakefield
Frequently asked questions
What is the difference between a Health & Welfare LPA and a Property & Financial Affairs LPA?
A Lasting Power of Attorney comes in two distinct forms, and they cover completely different areas of your life. A Property & Financial Affairs LPA allows your chosen attorney to manage your bank accounts, pay bills, deal with property and handle investments on your behalf. It can be used while you still have mental capacity with your consent, as well as if you lose it. A Health & Welfare LPA allows your attorney to make decisions about your medical care, where you live and your day-to-day welfare. This type can only be used once you have lost the capacity to make those decisions yourself. Many people choose to have both types in place, as they complement each other and together ensure that someone you trust can act for you across all areas of your life.
Can an LPA be cancelled or changed after it has been registered?
Yes. As long as you still have mental capacity, you can revoke an LPA at any time. This is done by making a written statement called a Deed of Revocation and notifying the Office of the Public Guardian. If you want to add or remove an attorney or change the terms of the LPA in any way, you cannot simply amend the existing document. You would need to revoke it and create a new one. This is another reason why it is worth taking the time to think carefully about your choices when setting up an LPA in the first place. We will discuss your wishes thoroughly to help ensure your LPA reflects exactly what you want.
What happens if my parent loses mental capacity and has no LPA in place?
If someone loses mental capacity without having made a Lasting Power of Attorney, no one, not even a close family member or spouse, has automatic legal authority to manage their finances or make decisions about their care. In this situation, a family member would need to apply to the Court of Protection to be appointed as a deputy. This process is considerably more expensive and time-consuming than setting up an LPA in advance, and the outcome is not guaranteed. The Court also retains ongoing supervision of the deputy's decisions, adding further cost and administrative burden. This is one of the strongest arguments for making an LPA while capacity is still intact, rather than waiting until it is needed.
How long does it take to register a Lasting Power of Attorney?
Once the LPA forms are completed and signed by all parties, they must be registered with the Office of the Public Guardian before they can be used. The current registration fee is £92 per LPA. Processing times at the Office of the Public Guardian have varied considerably in recent years, but registration typically takes between eight and twenty weeks from the date of application. This means it is important not to wait until an LPA is urgently needed before starting the process. We handle the preparation and submission of LPA applications and will keep you updated on progress throughout.
Can I have more than one attorney on an LPA?
Yes. You can appoint multiple attorneys on a single LPA, which many people choose to do for reassurance and practicality. If you appoint multiple attorneys, you must specify whether they are to act jointly, meaning they must agree on every decision together, or jointly and severally, meaning each attorney can act independently. Jointly and severally is generally more practical as it avoids deadlock if attorneys disagree or one is unavailable. You can also appoint replacement attorneys to step in if a primary attorney is unable to continue acting. The right structure depends on your personal circumstances and relationships, and we will discuss the options with you when preparing your LPA.
What is the difference between an LPA and an Enduring Power of Attorney?
Enduring Powers of Attorney were replaced by Lasting Powers of Attorney in October 2007. EPAs made before that date are still valid and can still be used or registered if the donor loses capacity. However, it is no longer possible to create a new EPA. The key difference is that an EPA only covers property and financial affairs, whereas an LPA also covers health and welfare decisions. If you or a family member has an EPA in place, it is worth reviewing whether a modern LPA would provide more comprehensive protection. We can advise you on your existing arrangements and whether any action is needed.
Can an attorney make decisions about medical treatment?
Only under a health and welfare LPA, and only once the donor has lost the mental capacity to make that decision themselves. Even then, there are important limitations. An attorney under a health and welfare LPA can consent to or refuse medical treatment on the donor's behalf, but they cannot refuse life-sustaining treatment unless the LPA explicitly grants this authority. Healthcare professionals also retain the right to apply to the Court of Protection if they believe an attorney's decision is not in the best interests of the patient. Separately, if you have strong views about end-of-life care or specific treatments, an advance decision to refuse treatment, sometimes called a living Will, may be worth considering alongside your LPA.
How much does it cost to set up a Lasting Power of Attorney?
The cost of setting up an LPA has two elements: the legal fee for preparing the document and the registration fee payable to the Office of the Public Guardian. The current registration fee is £92 per LPA, meaning £184 for both a property and financial affairs LPA and a health and welfare LPA. People on certain means-tested benefits may be entitled to a reduced fee or exemption. Our legal fees for preparing LPAs are transparent and are a fixed fee of £400 +vat with a discount for more than one person of £750 for two people. Setting up both types of LPA together is generally more cost-effective than doing them separately at different times.
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