Frequently Asked Questions
Everything you need to know. Can't find your answer? Ask us directly.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more trusted people to make decisions on your behalf if you lose mental capacity or simply want help managing your affairs. There are two types: one for Property and Financial Affairs and one for Health and Welfare. Both must be registered with the Office of Public Guardian before they can be used. Without an LPA in place, your family may face a lengthy and costly court process to gain authority to act for you.
Do I need both types of Lasting Power of Attorney?
You do not have to have both, but many people choose to put both in place for complete protection. The Property and Financial Affairs LPA covers decisions about money, property, and bills, while the Health and Welfare LPA covers medical and care decisions. Having both ensures that trusted people can act for you across all areas of your life if needed. Our team will talk you through your circumstances so you can make the right choice for your situation.
When should I set up a Lasting Power of Attorney?
The best time to set up an LPA is while you have full mental capacity, which means now rather than waiting for a health event or diagnosis. Once capacity is lost, it is no longer possible to create an LPA, and your family would need to apply to the Court of Protection instead — a process that is significantly more expensive and time-consuming. Setting up an LPA is not just for older people; illness or accident can affect anyone at any age.
How long does the registration process take?
Once documents are submitted to the Office of Public Guardian, registration currently takes several weeks. Our team prepares your paperwork carefully to avoid errors that could cause delays or rejections. We manage the submission on your behalf and keep you informed throughout. Timescales can vary depending on the OPG's current workload, so starting the process early is always advisable.
What happens if I do not have a Lasting Power of Attorney?
Without a registered LPA, no one — not even a spouse or close family member — has automatic legal authority to manage your affairs if you lose capacity. Your family would need to apply to the Court of Protection for a Deputyship Order, which is a more complex, slower, and more expensive process. An LPA registered in advance avoids this situation entirely and gives you control over who acts for you and how.
Can I restrict what my attorney can do?
Yes, you can include specific instructions and preferences within your LPA documents. For example, you may wish to restrict certain financial decisions or express preferences about your medical care. Our team helps you think through these details during the initial advice session so that your documents genuinely reflect your wishes. Getting this right at the drafting stage is important, as changes after signing are not straightforward.
How much does a Lasting Power of Attorney cost?
Our pricing is tailored to your individual requirements, so we ask you to contact us directly for a clear breakdown. There is no obligation attached to an initial enquiry. The overall cost will depend on which documents you need and your specific circumstances. Call us on 01633 838097 or use our contact form to discuss your situation and receive accurate information.