Lasting Power of Attorney (LPA)

We strongly recommend having both types of LPA for complete protection. The Property & Financial Affairs LPA covers your money and property, while the Health & Welfare LPA covers medical and care decisions. Without both, some areas of your life won't be protected if you lose capacity. Most of our clients choose to create both LPAs at the same time for comprehensive peace of mind and cost savings.

Yes, you can complete the forms yourself, but DIY LPAs are frequently rejected by the Office of the Public Guardian due to errors, omissions, or improper witnessing. This causes delays of months and requires starting again. Our professional LPA service is afforadble and ensures everything is completed correctly first time, saving you time, stress, and potential rejection fees. We also provide expert guidance on choosing attorneys, setting restrictions, and understanding the implications of your decisions.

The Office of the Public Guardian typically takes 8-10 weeks to register an LPA once they receive the application. Our drafting process usually takes 1-2 weeks. In total, expect 10-12 weeks from initial consultation to receiving your registered LPA. We can expedite the drafting stage for urgent cases. Once registered, your LPA is immediately valid and can be used (subject to the type of LPA and whether you still have capacity).

Yes, you can revoke (cancel) your LPA at any time while you still have mental capacity. You simply complete an LPA revocation form and notify the OPG and your attorneys. If you want to make changes to your LPA, you'll need to revoke the existing one and create a new LPA with the updated details. You cannot amend a registered LPA – it must be replaced entirely. This is why it's important to get it right the first time with professional guidance.

You can appoint replacement attorneys when creating your LPA to step in if your original attorney(s) can no longer act due to death, mental incapacity, or if they choose to resign. If you haven't appointed replacements and your attorney can't act, you may need to create a new LPA (if you still have capacity) or apply to the Court of Protection. This is why we always recommend appointing at least one replacement attorney for backup protection.

Your attorney must be at least 18 years old and have mental capacity. For a Property & Financial Affairs LPA, they cannot be bankrupt or subject to a debt relief order. Most people choose family members, close friends, or professional advisors (such as solicitors). You can appoint multiple attorneys to act together, separately, or together for some decisions and separately for others. Choose people you trust completely to make decisions in your best interests.

Yes, every LPA requires a certificate provider to confirm that you understand what you're doing and that nobody is pressuring you. This can be someone who has known you for at least two years (like a friend, neighbor, or colleague) or a professional (like a GP, solicitor, or social worker). The certificate provider cannot be a family member, your attorney, or a member of your attorney's family. We can help you identify a suitable certificate provider during the process.

A Property & Financial Affairs LPA can be used as soon as it's registered, even if you still have capacity (if you give permission). This is useful if you need help managing your finances due to physical disability or travel. A Health & Welfare LPA can only be used once you lack the mental capacity to make healthcare decisions yourself. Both LPAs remain valid for life unless you revoke them while you still have capacity.

Enduring Powers of Attorney (EPA) were replaced by LPAs in 2007. EPAs created before October 2007 are still valid if registered, but you cannot create a new EPA now – only LPAs. LPAs offer better protection than EPAs because there are two types covering both financial and health decisions, plus stronger safeguards against abuse. If you have an old EPA, it's worth considering whether you should create new LPAs for more comprehensive protection, especially for health and welfare matters.

The LPA system has several safeguards: your attorney must act in your best interests at all times, they must follow the principles of the Mental Capacity Act 2005, and the Office of the Public Guardian oversees all registered LPAs and investigates concerns about abuse. You can also appoint multiple attorneys to act together (providing checks and balances), nominate people to be notified when your LPA is registered, and set specific restrictions or preferences on what your attorney can and cannot do. Choose attorneys carefully – they should be people you trust absolutely.