A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people you trust to make decisions on your behalf. An LPA can help you plan ahead in case illness, an accident or another change in circumstances means you are unable to make certain decisions for yourself.
Our LPA preparation fee is £125 per document. Separate Office of the Public Guardian (OPG) registration fees may apply.
Putting an LPA in place while you have mental capacity gives you the opportunity to choose who you would trust to make decisions for you in the future. At Your Will Writers, we explain the options clearly and guide you through the process of preparing and registering your LPA. Many clients choose to put LPAs in place alongside reviewing or making their will.
Types of Power of Attorney
Other forms of Power of Attorney
An Ordinary Power of Attorney can be used to give someone authority to deal with financial matters on your behalf, often for a temporary period or particular purpose. Unlike an LPA, it cannot continue to be used if you lose mental capacity.
Enduring Powers of Attorney (EPAs) were replaced by LPAs in October 2007. It is no longer possible to create a new EPA, although an EPA made before 1 October 2007 may still be valid.
Key Features of Lasting Powers of Attorney
Setting Up a Lasting Power of Attorney
We can guide you through the process from beginning to end. This will normally involve:
An LPA must be made while you have the mental capacity to make it. Many people choose to put LPAs in place as part of their future planning rather than waiting until they are older or experiencing health problems. Once mental capacity has been lost, it is too late to make an LPA.
Yes. You can appoint more than one attorney and decide whether they should make decisions jointly, jointly and severally, or jointly for some decisions and jointly and severally for others. We can explain the practical implications of the different options when preparing your LPA.
An LPA does not normally have a fixed expiry date. It can continue during your lifetime unless it is ended or becomes invalid for another reason. You can revoke your LPA while you have the mental capacity to do so.
You can include instructions that your attorneys must follow and preferences that explain how you would like them to act. These need to be carefully worded so that they do not create problems when the LPA is registered or used.
If you lose mental capacity without an appropriate LPA in place, your family does not automatically have the legal authority to manage your financial affairs or make all decisions on your behalf. In some circumstances, an application may need to be made to the Court of Protection for someone to be appointed as your deputy. This can involve more time, expense and ongoing administration than having an LPA in place beforehand.
Yes. You can normally revoke your LPA at any time while you still have the mental capacity to make that decision. There is a formal process to follow, and the Office of the Public Guardian should be informed if the LPA has already been registered.
No. Making a Property and Financial Affairs LPA does not mean that you automatically give up control of your finances. While you have mental capacity, you continue to make your own decisions. Once the LPA has been registered, your attorneys can only act while you still have capacity if you have authorised them to do so.
The Office of the Public Guardian currently advises that registering an LPA takes around 8 to 10 weeks, provided there are no mistakes in the application. Because registration is not immediate, it is sensible to put LPAs in place before they are actually needed.
At Your Will Writers, we provide a personal and straightforward approach to Lasting Powers of Attorney, taking the time to explain the process clearly and answer your questions. Based in Codsall and working with clients throughout Wolverhampton and surrounding areas, we offer flexible appointments at your home, our Codsall office or another convenient location.
