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Lasting powers of attorney

The potential of losing the capacity to make decisions for yourself can be daunting. Establishing a Lasting Power of Attorney ensures that your affairs - both medical and financial - will be handled by the people you trust in the event that you can no longer do so.

Lasting Powers of Attorney are just as important as a Will. Where a Will outlines your wishes after your death, a Lasting Powers of Attorney is for managing your affairs during your lifetime, if you lose the capacity to do so. It’s common to set up both documents simultaneously to create a comprehensive plan.

At Owen White Catlin, our specialist solicitors guide you through every step. We help you:

  • Establish an LPA that accurately reflects your preferences and ensures your attorney can act confidently on your behalf.

  • Appoint trusted attorneys to manage your affairs, with expert guidance to make the process thorough, legally sound, and aligned with your wishes.

  • Provide advice for attorneys so they understand their duties and responsibilities, helping them act in your best interests.

  • Register your LPA efficiently, giving you peace of mind that your decisions are formally protected.

We understand that setting up an LPA can feel complex, which is why we provide practical, compassionate support. Our solicitors ensure your arrangements are tailored to your circumstances, all implications are considered, and your future interests are safeguarded. With clear guidance and professional oversight, you can feel confident that your affairs are in the right hands.

Talk to one of our Powers of Attorney solicitors today

Please contact us today to talk to one of our specialist solicitors about setting up a Power of Attorney or if you would like to arrange a consultation to discuss your case. You can reach us by using our easy online enquiry form or by calling us on one of our office numbers directly. Our expert team are ready to provide compassionate advice whenever you need it.

Why work with our Powers of Attorney solicitors?

  • Experienced, specialist team: Serving families across South West London, Surrey, and Middlesex, with solicitors who are members of the Society for Trust and Estate Practitioners (STEP), providing expert and trusted guidance.

  • Sensitive and transparent advice: We help you appoint attorneys who reflect your wishes, keeping you informed at every step and ensuring decisions align with your preferences.

  • Clear, flexible fees: Receive a comprehensive cost outline upfront, with options ranging from fixed fees to hourly rates, and updates if additional expenses arise.

  • Supportive service: Our knowledgeable, compassionate team is always ready to answer questions and guide you through the process with care and clarity.

Common questions about Lasting Powers of Attorney (LPA)

Below, we answer some common questions we are asked by clients, providing clear guidance on how LPAs work, why they’re important, and how you can appoint and support trusted attorneys.

A Lasting Power of Attorney is a legal document that allows you (the “Donor”) to appoint one or more trusted people (“Attorneys”) to make decisions on your behalf if you lose capacity.

It is a common misconception that your family automatically gain the right to make decisions for you if needed but this isn’t the case.  Without an LPA, no one has the legal authority to assist you. This can cause stress, delays, and additional costs for your loved ones.

Think of an LPA as an insurance policy. You hope you’ll never need it, but if something happens, having one in place provides security and peace of mind for you and your loved ones.

Making an LPA puts you firmly in control of your future. It allows you to decide exactly who you want to make decisions for you if you’re ever unable to do so yourself, rather than leaving that choice to the courts. By putting one in place now, you can avoid the stress, cost and lengthy delays of a Deputyship application, which may be needed if no LPA exists.

An LPA provides protection for both your financial matters and your health and welfare, ensuring the people you trust most can act in your best interests. Most importantly, it offers peace of mind for you and reassurance for your loved ones, knowing that clear plans are already in place should the unexpected happen.

A Will and an LPA serve distinct and different purposes. A Will outlines your wishes for how your estate should be distributed after your death, whereas an LPA is designed to manage your affairs during your lifetime, if you lose the capacity to do so. While both are essential, an LPA ensures your financial and health decisions are made according to your preferences while you are still alive. It’s common to set up both documents simultaneously to create a comprehensive plan.

There are two types of LPAs tailored to different aspects of your life:

  1. Property and Financial Affairs LPA:
  • Manage bank accounts
  • Pay bills
  • Buy or sell property
  • Claim pensions and benefits
  1. Health and Welfare LPA:
  • Make decisions about your medical treatment
  • Choose where you live
  • Decide on daily care, such as diet and routine

An LPA is active during your lifetime. After you pass, your Will governs your affairs.

Appointing an attorney is an important decision, as they may make financial, property, or health decisions on your behalf if you lose capacity. When selecting an attorney, choose someone you trust implicitly, this could be a family member, close friend, or a professional such as a solicitor. It’s essential that your chosen attorney is reliable, responsible, and committed to acting in your best interests.

You can appoint more than one attorney and decide whether they should act jointly or independently. We also recommend discussing the role with your chosen attorney to ensure they understand and are comfortable with the responsibilities involved.

While you can set up an LPA on your own, working with a solicitor offers significant advantages:

  • Avoiding mistakes: Errors in the LPA form or registration process can cause delays or even invalidate the document. A solicitor ensures everything is completed correctly.
  • Tailored advice: A solicitor can provide expert advice on complex assets or family situations, such as blended families or potential conflicts among Attorneys.
  • Legal expertise: Solicitors ensure the LPA is properly drafted to reflect your wishes, including any specific instructions, preferences or clauses.
  • Peace of mind: With professional support, you can trust that your LPA meets legal requirements and will function as intended if ever needed.

In situations where personal circumstances are complex or you have significant financial assets, consulting a solicitor is invaluable for protecting your interests and ensuring your LPA aligns with your broader estate plan.

Without an LPA, your family must apply for a Deputyship Order through the Court of Protection. This is where the Court appoints someone it considers suitable to manage your affairs as your “Deputy”. This process:

  • Is costly and time-intensive (up to 12 months)
  • Gives decision-making authority to the Court, which might appoint someone you wouldn’t choose yourself.
  • Requires Deputies to adhere to stricter controls, including annual reports, making their role more burdensome, stressful and emotionally difficult.

By contrast, an LPA allows you to plan ahead and take control, choose your trusted decision-makers, and avoid these complexities.

Creating an LPA is important for any age. The presumption that LPAs are only useful or relevant for the older generation is inaccurate. Accidents and other incidents which may result is a loss of capacity can happen at any stage of our lives.

Moreover, preparing an LPA requires mental capacity, so acting early is essential. The registration process takes 8 to 10 weeks (or longer during busy periods). Leaving the preparation of LPAs to a future time when your health has deteriorated will likely cause additional stress for you and your family, make the process more complicated and increase the cost.

Preparing your LPA now avoids delays and extra stress during critical moments when time and clarity are of the essence.

Absolutely not, you remain in control. Your appointed Attorneys must act under your instruction while you have capacity. Should you ever lose capacity, they’re legally required to act in your best interests. In your LPA, you can specify preferences, allowing you to have some continuing influence over important decisions; for example, you can specify that you desire to stay in your own home for as long as possible.

In 2007, Enduring Powers of Attorney (EPAs) were replaced by Lasting Powers of Attorney (LPAs). New EPAs can no longer be created, however, if you have an EPA already prepared, it will still be valid but only covers financial matters and not your health and welfare. EPAs also require court registration when capacity is lost, causing potential delays. These added complications don’t exist with LPAs, which are registered before they are used.

You may wish to make an LPA to deal with your health and welfare to complement the financial EPA you already have in place. You may also wish to consider replacing your existing EPA with an LPA to ensure more comprehensive coverage and avoid procedural hold-ups for your Attorneys.