Planning for the future is one of the most important steps you can take to protect yourself, your family and your finances.
A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint people you trust to make decisions on your behalf should you become unable to manage your own affairs in the future. This could occur as a result of illness, injury, dementia, a stroke or another condition that affects your mental or physical capacity.
At Gard & Co Solicitors, our experienced private client solicitors in Plymouth can guide you through the process of creating and registering a Lasting Power of Attorney, ensuring your wishes are clearly documented and your chosen attorneys are properly appointed.
What Is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) allows you (known as the Donor) to appoint one or more people (known as Attorneys) to make decisions on your behalf.
There are two types of Lasting Power of Attorney:
Property and Financial Affairs LPA
This allows your attorney to manage matters such as:
- Bank and building society accounts
- Payment of bills and household expenses
- Buying or selling property
- Managing investments
- Dealing with pensions and benefits
- Running a business
- Tax affairs and financial planning
Health and Welfare LPA
This allows your attorney to make decisions about:
- Medical treatment
- Care arrangements
- Living arrangements
- Daily welfare decisions
- Care home choices
- Life-sustaining treatment decisions (if authorised)
Although you can choose either type individually, many people decide to put both in place to ensure comprehensive protection.
Why Do I Need a Lasting Power of Attorney?
Many people assume that a spouse, partner or adult child can automatically deal with their affairs if they lose capacity. Unfortunately, this is not the case.
If you lose mental capacity without a registered Lasting Power of Attorney in place, your family may need to apply to the Court of Protection for a Deputyship Order before they can manage your finances or make certain decisions on your behalf.
This process can be:
- Lengthy
- Expensive
- Stressful for relatives
- Restrictive in terms of decision-making
In the meantime, financial assets may become difficult to access and important decisions may be delayed.
By creating an LPA while you have capacity, you remain in control of who will act for you and how your affairs should be managed.
Particularly Important for Business Owners
A Lasting Power of Attorney can be especially important if you own or manage a business.
Without suitable arrangements in place, the loss of capacity can create significant difficulties with:
- Paying staff wages
- Managing business bank accounts
- Entering contracts
- Paying suppliers
- Making operational decisions
- Protecting business investments
An LPA can help ensure that business and personal affairs continue to be managed smoothly during periods of incapacity.
Who Is Involved in Creating an LPA?
The Donor
The Donor is the person making the Lasting Power of Attorney.
The Attorney
Your Attorney is the person you appoint to make decisions on your behalf.
This should be someone you trust completely. You can appoint:
- Family members
- Friends
- Professional advisers
- Solicitors
You may appoint a single attorney or multiple attorneys and decide how decisions should be made.
Certificate Provider
A Certificate Provider confirms that:
- You understand the LPA
- You have mental capacity
- You are not being pressured into making the document
This provides an important safeguard.
Witnesses
The LPA must be signed and witnessed correctly before registration.
People to Be Notified (Optional)
You can nominate individuals to be informed when an application is made to register the LPA. They have the opportunity to raise concerns if they believe the application is inappropriate.
Can I Appoint a Solicitor as My Attorney?
Yes.
In some circumstances, appointing a professional attorney can be beneficial, particularly where:
- You own a business
- You have substantial assets
- You have complex investments
- You do not have appropriate family members available
- You require an independent decision-maker
Our solicitors can advise whether appointing a professional attorney may be appropriate in your situation.
Registering a Lasting Power of Attorney
A Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian.
Registration can take several months, which is why many clients choose to register their LPAs immediately after they have been signed.
Having a registered LPA available means it can be used as soon as required without unnecessary delay.
Existing Enduring Powers of Attorney (EPAs)
Before October 2007, individuals could make an Enduring Power of Attorney (EPA).
It is no longer possible to create a new EPA. However, existing EPAs remain valid and can still be registered when required.
If you have an existing EPA and are unsure whether any action is required, our solicitors can advise you.
Home Visits Available
We understand that it is not always convenient or possible to visit our offices.
Our solicitors offer home visits for clients who would prefer to discuss their affairs at home or who are unable to travel due to illness or mobility issues.
We can also visit clients in:
- Hospitals
- Care homes
- Nursing homes
- Hospices
Out-of-hours appointments may also be available by arrangement.
Why Choose Gard & Co?
When you instruct Gard & Co, you benefit from:
- Experienced private client solicitors
- Clear, practical advice
- Fixed-fee LPA services
- Home visits available
- Assistance with registration
- Advice tailored to your personal circumstances
- Friendly, professional service
- Almost 200 years of trusted legal expertise in Plymouth
Frequently Asked Questions
What is the difference between a Power of Attorney and a Lasting Power of Attorney?
Today, when people refer to a Power of Attorney, they are usually referring to a Lasting Power of Attorney (LPA). LPAs replaced Enduring Powers of Attorney (EPAs) in 2007 and provide broader protection, including both financial and health and welfare decisions.
At what age should I make a Lasting Power of Attorney?
There is no minimum recommended age beyond adulthood, but many people now create LPAs alongside making a Will. An accident or illness can occur at any age, making early planning sensible.
Can I make a Lasting Power of Attorney if I still have full capacity?
Yes. In fact, you must have mental capacity when creating an LPA. The document is designed to protect you should you lose capacity in the future.
Do I need both types of LPA?
Not necessarily, but many people choose to create both a Property and Financial Affairs LPA and a Health and Welfare LPA to ensure complete protection.
Can my attorney use the LPA immediately?
A Property and Financial Affairs LPA may allow use during your lifetime if you permit this. A Health and Welfare LPA can only be used when you are unable to make decisions yourself.
Can I change or cancel my LPA?
Yes. As long as you retain mental capacity, you can change or revoke your Lasting Power of Attorney at any time.
What happens if I do not have a Lasting Power of Attorney?
Your family may need to apply to the Court of Protection for authority to manage your affairs. This process can be costly, time-consuming and significantly more restrictive than having an LPA already in place.
How much does a Lasting Power of Attorney cost?
We offer fixed-fee Lasting Power of Attorney services. Costs will depend on whether you require one or both forms of LPA and whether the arrangements are for an individual or a couple. Please contact us for our current fixed-fee pricing.
Contact Our Lasting Power of Attorney Solicitors
If you would like to create a Lasting Power of Attorney, register an existing Enduring Power of Attorney, or simply discuss your options, our experienced team is here to help.
To arrange an appointment or discuss our home visit service, please contact Jane, Glenn or Bethany on 01752 668246 or send an email.
