Power of Attorney

The benefits of drawing up a will are widely recognised. In doing so, you make provision for the winding up of affairs after your death and knowingly select as executors the individual's best suited for the role.

However there are also opportunities to make advance provision for the possibility of you becoming incapable of managing your own financial and welfare affairs during your lifetime. This becomes increasingly important as the risk of suffering mental capacity grows through age, illness or accident.

A Lasting Power of Attorney (LPA) allows someone (known as a donor) to choose someone they trust (known as an Attorney) to make decisions on their behalf about their property and affairs and their Personal Welfare. Lasting Powers of Attorney remain valid even after the person making the power, the 'donor', becomes mentally incapable.

At the time the power is given, the donor must be capable of understanding the nature and effect of an LPA for it to be valid. Two types of LPA in brief:

Property & Affairs

This allows you to appoint attorneys who can:

Personal Welfare

This allows you to appoint attorneys who can:

For more information, click on one of the links below:

So why make an LPA now?

Our experience tells us that no matter what your age or your general state of health, an accident, injury, or sudden turn in your health can render you incapable of making your own decisions at any time. Although we don’t like to think that this will ever happen to us we should prepare for the possibility. The sooner it is done the better as an accident or sudden ill health can happen at any time.

So what to do I need to do to make an LPA?

There are two stages to having an LPA, firstly the drafting and certifying of the document and secondly the registration of the LPA with the office of the public guardian (OPG).

The person who certifies your LPA (the Certificate Provider) is signing to say that at the time you signed the LPA you have sufficient mental capacity to make this decision. We can draft your LPA, act as your Certificate Provider and register the document with the OPG.

Registration of my LPA?

Your attorneys cannot act unless your LPA is registered with the Office of the Public Guardian (OPG). Registration involves an application to the OPG together with the relevant court fee. The Registration process takes approximately 12 weeks.

Do I need to Register my LPA?

Attorneys cannot act on your behalf unless your LPA is registered with the Office of the Public Guardian (OPG). Therefore if you feel your attorneys will need to act in the near future then it is wise to register the LPA as soon as possible, registration takes approximately 12 weeks.

However, if you wish to have an LPA appointing attorneys to give you some piece of mind that you have some planning in place, but do not wish to register the LPA as yet, then that’s fine. Some people will change their minds about whom they appoint as attorneys. For example, parents with children under the age of 18 may appoint brothers, sisters or friends to act as their attorneys, but in the future when their children are mature enough, they are likely to wish their children to act as their attorneys. In cases such as these we would recommend that the initial LPA is not registered as it will change in the future, however you and your attorneys must be aware that should you suffer a sudden loss of mental capacity, then there will be a 12 week delay before your attorneys can act whilst the LPA is being registered.