Lasting Power of Attorney Solicitors

A lasting power of attorney (LPA) is a legal document which gives someone else the power to make decisions on your behalf.  

While a will is created to ensure your wishes are carried out after your death, a Lasting Power of Attorney (LPA) is created to protect your interests during your lifetime.  

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What is a Lasting Power of Attorney?

There may come a time in your life when you are no longer able to make decisions for yourself. This could be the result of an accident or illness that impacts your mental capacity, such as dementia.  

An LPA allows you to appoint someone to make decisions affecting your finances, health and wellbeing for you when you are unable to make them yourself.  An LPA doesn’t just make your wishes known – it empowers somebody you trust to make decisions and act on your behalf, based on those wishes. 

There are two types of LPA: 

  • Health and welfare: the attorney can make decisions on matters such as medical care, accommodation, daily routine and providing consent to life-sustaining treatments. 
  • Property and financial affairs: the attorney will have the authority to manage your financial affairs, such as managing bank accounts, dealing with benefits and pensions, paying bills, and buying and selling property.  

If you would like more information on making a Lasting Power of Attorney, our expert lawyers are happy to discuss your options and advise on the best solutions for you and our family. 

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What could happen if I don’t make a Lasting Power of Attorney?

Without an LPA in place, your relatives may not be able to make decisions about your finances, health or medical treatment if there ever comes a time when you are no longer able to do so. The process of gaining this authority through the Court of Protection is often very time consuming, distressing and expensive for family members.  

If you choose to put an LPA in place while you are still able to do so, you will have more control over your future affairs. By creating an LPA, you are able to decide how much authority your “attorney” will have, and whether you would like to impose any restrictions on the decisions they can make on your behalf. 

There are safeguarding measures in place to ensure that your wishes are carried out and the person acting on your behalf recognises the seriousness of their responsibility.  

Lasting Power of Attorney Lawyers in Leeds and Yorkshire

How do I make a lasting power of attorney?

Choosing your lasting power of attorney

You can choose one attorney or several attorneys. However, it is important to ensure that the people you choose to act as your attorneys are: 

  • Aged 18 or over 
  • Have the mental capacity to make their own decisions 
  • Are willing to act for you 
  • Trusted to act in your best interests 
  • Don’t have a history of bankruptcy. People who are bankrupt aren’t able to act as financial attorneys.  

Complete the LPA

You can do this either online or with a printed form.  

You will need to consider decisions such as whether you want your attorneys to act together or independently; whether you wish to appoint any substitutes and in what circumstances; and whether you have any preferences or instructions.  

All these issues must be considered carefully, or the LPA may be rendered invalid.  

Get one independent witness

The form will need to be signed with an independent witness. Your attorney(s) can’t be your witness. 

Certificate Provider

You will also need a Certificate Provider. This person will confirm your capacity at the time of making the Lasting Power of Attorney.  

If you choose a solicitor to provide professional assistance with your LPA, they can usually sign this section for you. 

However, if you create an LPA without the advice of a solicitor, you must select a Certificate Provider who is either a medical professional or a close personal friend who has known you for 2+ years, and would be willing to testify as to your capacity in court if required 

It is important to note that your Certificate Provider must also sign the LPA.  

Sign and Register the LPA

Your Attorneys will need to sign the LPA in the presence of a witness. You then need to register the LPAs with the Office of the Public Guardian. Your attorney(s) can’t act on your behalf until the LPA is registered.  

Registering your LPA with the Office of the Public Guardian

You don’t necessarily need professional advice to make an LPA, but you must ensure that the document is completed correctly to avoid having it rejected by the Office of the Public Guardian (OPG). Should this happen, a new document will need to be signed by all parties, and there will be an additional charge made by the OPG.  

As with Wills, probate and other legal matters, it’s usually worth getting legal advice if your personal, property or financial affairs are complicated. 

An LPA can’t be put into effect until it has been registered with the OPG. The OPG will check that your LPA is correct and may raise some queries.  

The registration process takes several weeks to complete, and there is a fee of £82 to be paid. However, if your gross annual income is below £12,000 or you are the recipient of certain benefits, this may be reduced to £41. 

If your circumstances, or those of your attorneys change, you can revoke the LPA and make a new one. If you choose to do this, you will be charged the same fee.  

As many of us are now living longer, an increasing number of people are likely to become physically or mentally dependent on others. In fact, there are expected to be over 1 million people with dementia in the UK by 2025.  

To ensure your best interests are protected for the future, talk to a member of our friendly Wills and Estates team, who will be more than happy to advise you on the process of appointing a Lasting Power of Attorney. 

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Why choose legal assistance when appointing an attorney?

The role of an attorney is not one to be taken lightly. The appointed person will have a great deal of power and responsibility over your affairs, so it is important to make the right decisions when choosing an LPA, what powers to give them, and how they should act.  

If you do not understand the way in which you are authorising your attorneys to act for you, or an inappropriate attorney is appointed, this will not necessarily prevent the LPA being registered.  

However, these errors can later prevent an LPA being used. Often, this comes at a time when it is too late to make any changes without time-consuming and expensive applications to court.  

Our solicitors can help you avoid these errors in the first place and ensure your LPA is accurate and suitable for your needs. 

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Lasting Power of Attorney Lawyers in Leeds

Why Morrish Solicitors?

Our friendly wills and estates lawyers have years of experience dealing in wills, probate, care home fees and other related services. Whatever your age and circumstances, we can help you review your plans for later life. 

Our Senior Partner and Head of Wills and Estates, Tom Morrish, is an accredited member of Solicitors For The Elderly, a national association of independent lawyers who specialise in legal services for older and vulnerable people, so you can be sure you are in the best of hands. 

We’re always on your side

We understand that your circumstances are unique, and that’s why we’re careful to listen to your situation and provide the best possible solution to support your family’s wellbeing.  

Personal service

As a Yorkshire-based firm, you can benefit from our competitive rates. We believe in representing people, not large organisations, which is why we aim to provide expert advice, personable service, and excellent value for money.  

Expert advice, no matter where you live

All our services can be provided at your convenience either in-person, over the phone or by email or post. So, it doesn’t matter where you live, we’ll always be here to support you.  

Want more information? Speak to our Wills and Estates team today. 

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Meet the Wills and Estates Team

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Senior Partner & Head of Wills & Estates

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