Lasting Power of Attorney – LPA

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make decisions on your behalf if you lose mental capacity, temporarily or permanently. Creating an LPA ensures your wishes are respected and makes it easier for loved ones to manage your affairs without the need for costly Court of Protection applications.

An LPA is registered with the Office of the Public Guardian and allows you to appoint one or more attorneys to make decisions on your behalf. You can restrict the powers of your attorneys and include guidance to ensure decisions are made in line with your wishes.

Without a valid LPA, anyone wishing to act on your behalf may need to apply to the Court of Protection to become a Deputy — a process that is costly, complex, and time-consuming.

LPAs are considered a safe way to plan ahead, as attorneys must follow the Mental Capacity Act 2005 Code of Practice and are subject to oversight by the Office of the Public Guardian.

Property & Financial Affairs

• Covers decisions about your financial matters, property, and investments, ensuring your assets are managed according to your wishes.

• Attorneys can pay bills, manage bank accounts, sell property, oversee investments, and handle other financial responsibilities.

• You can set restrictions or guidance to ensure decisions are made in line with your priorities and values.

• Gives reassurance that your finances are protected and managed efficiently, even if you lose capacity.

• Provides peace of mind that someone you trust can act on your behalf for financial matters without delay or court involvement.

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For a Lasting Power of Attorney to be valid, it must be signed personally by the donor; this signature cannot be delegated to another person. At our firm, a solicitor can witness the donor’s signature, confirming that it is provided voluntarily and that the donor has the mental capacity to understand the document at the time of signing.

In addition, our solicitors can act as certificate providers, an independent role that ensures the donor fully understands the significance of the LPA and is not under any undue pressure when making it.

The signatures of attorneys can also be witnessed by our solicitor, or, if they are unable to attend in person, by an independent adult who is not a party to the LPA and not related to the donor or attorneys. In certain cases, remote appointments may be arranged to facilitate the signing process.

Excluding OPG registration fees of £92 per LPA (correct as of May 2026) and postage.

Additional fees may apply for:

• Having more than four attorneys in total, including any combination of attorneys and replacement attorneys.

• Complex or bespoke instructions.

• Home visits or out-of-hours appointments.

• Additional copies of the LPA.

For a quote tailed to your situation, contact us today on 02920 765050

If the donor lacks capacity, an application can be made to the Court of Protection to revoke a Lasting Power of Attorney under sections 22 and 23 of the Mental Capacity Act 2005. Before taking this step, concerns can be raised with the Office of the Public Guardian or addressed directly with the attorney to seek resolution.

The Court may require an expert assessment of the donor’s capacity and a review of the attorney’s conduct to determine whether revocation is appropriate. If the LPA is revoked, the Court has the authority to appoint a Deputy to manage the donor’s affairs if necessary.

If you have concerns about an attorney and the donor lacks capacity, our team can provide advice and support to ensure the donor’s interests are safeguarded and guide you through the Court process.