A Lasting Power of Attorney (LPA) ensures that trusted people can act for you when it matters most
At Westminster Law, we ensure that your Lasting Power of Attorney provides sufficient protection and complies with the law.
Lasting Power of Attorney
Life is full of different situations — some enjoyable, like visiting family or going on holiday, and others more challenging, such as health issues or unexpected difficulties. In times when you are unable to manage your own affairs, it is crucial to have trusted people who can step in and help.
However, banks, utility companies, doctors, pension providers, investment firms, HMRC, and local authorities will not communicate with anyone on your behalf unless they have legal authority. The only way to grant this authority is through a registered Lasting Power of Attorney (LPA).
Without an LPA, your family, friends, or trusted individuals would have to apply to the Court of Protection, which is a complex, time-consuming, and costly process. This can take 3 to 6 months, which could cause serious delays in managing your finances, property, and even urgent medical decisions.
Having an LPA in place ensures that the right people can act on your behalf quickly and efficiently when needed, avoiding unnecessary stress and delays.
Why choose Westminster Law?
- Regulated by relevant professional bodies
- No hidden costs
- Convenient home visits
- Experienced in the drafting of Wills and Lasting Power of Attorney
- We specialise in writing new Wills and amending existing ones
We understand that creating an LPA is a personal and sometimes emotional process. Our dedicated team of lawyers and advisors will:
- Advise you on the different types of LPA and the benefits of having them
- Draft an LPA for you
- Register your LPA
- File a Deed of Revocation (a legal document that ends a Power of Attorney)
Why choose Westminster Law?
- Regulated by relevant professional bodies
- No hidden costs
- Convenient home visits
- Experienced in the drafting of Wills and Lasting Power of Attorney
- We specialise in writing new Wills and amending existing ones
Can’t see what you’re looking for?
What are the two types of Lasting Power of Attorney?
Property and Financial Affairs Lasting Power of Attorney
This type of Lasting Power of Attorney covers:
- Managing bank accounts
- Paying bills
- Paying taxes
- Managing pensions and investments
- Property decisions
A Property and Financial Affairs Lasting Power of Attorney can be used both if the donor has mental capacity or if they lose it. The only requirement is to register the document with the Office of the Public Guardian. The registration process takes approximately 8-10 weeks. Without registration, your designated attorney would not be able to act on your behalf. We advise our clients to think ahead and prepare an LPA to avoid potential delays in the case of urgent need.
Health and Welfare Lasting Power of Attorney
Unlike a Property and Financial Affairs LPA, this one can only be used in situations when the donor (the person who provides the power) can no longer make choices for themselves.
This type of Lasting Power of Attorney covers:
- Medical treatment: an attorney can give consent or refuse treatments on your behalf.
- Place of living: the attorney can decide whether you will live in your own home, or a nursing home or a care home.
- Daily care: helps to make decisions regarding your care
You can choose to have both Powers of Attorney or one of the two available, depending on your circumstances and the powers you wish to grant to your attorneys. It is also possible to limit the attorney’s power by specifying the situations in which they are allowed to act.
The appointed attorney is legally required to act in your best interests and strictly in accordance with the Law.
Why is capacity important?
If you lose mental capacity through illness (for example a stroke, dementia or Alzheimer’s disease), or an accident, and haven’t created an LPA:
- You will no longer be able to choose who makes decisions and acts for you (such as your spouse or children). You can only make your LPA while you still have mental capacity.
- A stranger appointed by the court such as a solicitor would end up making crucial decisions about you and your assets – where you will live, whether to accept medical treatment to keep you alive, what you eat and wear and will control all your finances and your property.
- Your spouse, children or friends would have to apply to the court to get permission to make decisions on your behalf and act for you – which is far more expensive and time-consuming than making an LPA. There is also a possibility that the court could refuse the application.
You can find out more about the importance of having Powers of Attorney in our Article or in the Lasting Power of Attorney guide.
Contact
Get in touch with one of our local branches at the following locations:
Lasting Power of Attorney Fee
Standard prices*
SERVICES
Single person
Couple
Prepare Lasting Power of Attorney: BOTH Property and Financial Affairs AND Health and Welfare
£295.00
£575.00
SERVICES
Single person
Couple
Administration of registration of Lasting Powers of Attorney: BOTH Property & Financial Affairs AND Health & Welfare Lasting Powers of Attorney
£235.00
+ OPG fee**
£345.00
+ OPG fee**
Special prices* available to our clients aged over 60 years
SERVICES
Single person
Couple
Prepare Lasting Power of Attorney: BOTH Property and Financial Affairs AND Health and Welfare
£220.00
(i.e. £110.00 each)
£440.00
(i.e. £110.00 each)
SERVICES
Single person
Couple
Administration of registration of Lasting Powers of Attorney: BOTH Property & Financial Affairs AND Health & Welfare Lasting Powers of Attorney
£60.00
+ OPG fee**
(i.e. £30.00 each)
£120.00
+ OPG fee**
(i.e. £30.00 each)
*All our prices include VAT.
** PLEASE ADD the applicable OPG registration charge of £82 per LPA for a donor with an annual gross income over £12,000, £41 for a donor with an annual gross income under £12,000, £0 for a donor claiming means tested benefits.
LPA Services FAQs
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a very powerful deed which allows you to appoint fully trusted individuals to act on your behalf should you become incapacitated or unable to make decisions. There are 2 types of LPA: Property & Financial Affairs and Health & Welfare. You can find out more from our Lasting Power of Attorney guide.
When does a Power of Attorney end?
In the UK, a Power of Attorney ends under specific circumstances or by the will of the donor.
- The donor can revoke an LPA at any time while they have mental capacity; it must be done in writing.
- If the donor dies, the LPA ends immediately.
- The Court of Protection can revoke the Power of an Attorney in situations where they believe they act improperly or are unable to fulfil their duties.
- If the donor recovers their ability to make decisions and no longer needs the attorney to act on their behalf, they may choose to revoke the LPA.
Can I appoint more than one Attorney?
Yes, it is possible to appoint more than one attorney. In this situation, a donor should decide how attorneys must act. There are the following options available: “Jointly” (whereby they must all act together), “Jointly and Severally” (whereby they may all act together or can act individually, depending on the situation) or “Jointly for some decisions, Jointly and Severally for Others”. Each option brings its own benefits and pitfalls, so we recommend discussing this with our lawyers before making a decision.
How long does it take to get a Lasting Power of Attorney?
Currently, it takes approximately 8-12 weeks to draft and register an LPA if everything runs smoothly with the application.
How to get a Lasting Power of Attorney?
There are various ways in which you can obtain an LPA. The most convenient and secure way of doing so is to engage professional lawyers/solicitors. The rate of failure when registering an LPA is far higher when done in the absence of a professional. You can use our enquiry form below or give us a call and we would be pleased to assist you in drafting and registering your LPAs.
Who should I choose as my attorneys?
When considering a person, whether family member or friend, or group of people, you should think about things that are important to you. Usually, donors consider trustworthiness or willingness to take on the role. At the same time, it is important to consider geographical location. For instance, choosing a child who lives in Australia could be good in terms of trust but due to the distance it could be challenging.
Can I revoke my LPA?
Yes, it is possible to revoke your Lasting Power of Attorney (LPA) at any time. The only condition is that you must have sufficient mental capacity at the time of making the decision. This is established under the Mental Capacity Act 2005. Revocation involves a formal process including the preparation and execution of a Deed of Revocation and notification of your attorneys and the Office of the Public Guardian.