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Lasting Power of Attorney

What does a Lasting Power of Attorney (LPA) cover?

A Lasting Power of Attorney (LPA) is a legal document that gives someone the power to make decisions on your behalf. The person who makes the LPA is called the 'donor' and the person who is given the power to make decisions is called the 'attorney'. There are two main types of LPA that you can create:

1. Property and financial affairs LPA

This type of LPA allows your attorney to manage your money and property, ensuring your financial affairs are in order. This can include:

• Managing bank accounts and paying bills

• Handling investments and pensions

• Buying, selling, or renting out property

• Dealing with tax affairs and financial planning

2. Health and welfare LPA

This LPA allows your attorney to make decisions about your personal wellbeing and medical care if you become unable to make them yourself. It covers:

• Medical treatment and healthcare decisions

• Care home or assisted living choices

• Daily routine and personal care

• Life-sustaining treatment

💡 Top tip: You might need both a health and welfare lasting power of attorney (LPA) and a property and finances LPA. Our Lasting Power of Attorney solicitors can guide you through the process and what's best for you.

How our Lasting Power of Attorney solicitors can help

Setting up a Lasting Power of Attorney (LPA) isn’t just about filling in forms - it’s about making sure your future is protected and that the right people are in place to make decisions if you ever need them. Our expert LPA solicitors make the process simple, stress-free, and legally secure, so you can have total peace of mind. Here’s how we can help:

• Clear, jargon-free legal advice: Our team will walk you through your options and help you decide whether you need a health and welfare LPA, a property and financial affairs LPA, or both.

• Support with forms and registration: Our team will ensure your documents are prepared and filled out correctly, signed in the right order, and legally binding - so there are no delays when you need them most.

• Help with resubmission: If your DIY application wasn’t accepted, don’t worry - we’re here to help. Our team can guide you through the resubmission process, making sure everything is correct, and error-free and ensure your LPA is registered smoothly.

• Help choosing the right attorney: Choosing who will manage your affairs is a big decision. Our team can guide you through what to consider and how to safeguard your interests.

• Fast and hassle-free process: We handle the legal work from start to finish, so you can focus on what matters, without worrying about paperwork or technicalities.

How much will a solicitor charge for a Lasting Power of Attorney?

The cost of an LPA with a solicitor depends on the type of LPA and the level of support you need. In general, solicitors can charge anywhere up to £1,000 for legal services. At Lawhive, we offer fixed-fee pricing that starts at just £349 for a single LPA, including expert legal advice. There's also a standard registration fee with the Office of the Public Guardian (OPG) that typically costs £82.

Disbursement fees

A disbursement is an expense your solicitor pays on your behalf and later adds to your final bill for you to reimburse them. For a Lasting Power of Attorney, you might expect to pay:

• £82 to register an LPA

• £41 to resubmit an LPA for registration

• £35 for an office copy or certified copy of an LPA

Exemptions

There are some exceptions and reductions to these fees. If you earn less than £12,000 a year, you could get a 50% discount, reducing the fee to £41 per LPA. If you or the donor receive certain means-tested benefits, such as Universal Credit or Income Support, you may not have to pay anything at all. To check your eligibility and apply for a fee exemption or reduction, you’ll need to complete the relevant fee remission form when submitting your LPA application.

💡Top tip: As per government guidelines if you register two LPAs at the same time, you'll need to pay a registration fee for each. Also, if your application contains mistakes and needs to be resubmitted, you may have to pay a resubmission fee - so it’s worth getting it right the first time with expert legal help.

Why use an LPA solicitor?

You can create a Lasting Power of Attorney (LPA) yourself, but getting it right the first time is crucial. Any mistakes could make your LPA invalid or cause delays just when you or your loved ones need it most. Working with an LPA solicitor ensures everything is legally secure and tailored to your needs.

Here’s why using a solicitor can help:

• ✅ Avoid costly errors: Mistakes in the application process could invalidate your LPA or lead to delays, especially if it isn’t signed or witnessed correctly. A solicitor ensures everything is done by the book.

• ✅ Get expert advice for complex situations: If you have business assets, multiple properties, or specific healthcare preferences, a solicitor can help you set out detailed instructions to ensure your interests are fully protected.

• ✅ A faster and smoother process: Your solicitor handles all the paperwork, legal checks, and registration with the Office of the Public Guardian (OPG), making the process stress-free and efficient.

Can you create an LPA without a solicitor?

Yes, you can apply for an LPA through the Office of the Public Guardian (OPG), but mistakes are common, and fixing them can be costly and time-consuming. For complex estates, business assets, or specific healthcare decisions, it’s highly recommended to use an LPA solicitor for expert guidance. A solicitor ensures your LPA is:

1. Legally valid and error-free.

2. Properly witnessed and signed.

3. Fully aligned with your wishes and circumstances.

Who are our solicitors for Lasting Power of Attorneys?

We only work with highly experienced and trusted solicitors who specialise in Lasting Power of Attorney (LPA) services. Before a solicitor joins our network, our Legal Assessment Team conducts rigorous background checks to ensure they meet our high standards. We verify qualifications, assess professional experience, and review client feedback to ensure you receive the best legal support when setting up an LPA.

Here’s how we make sure our Lasting Power of Attorney solicitors are among the best in the business:

Fully qualified and regulated

We only work with regulated, legal professionals. You'll be paired with a Chartered Legal Executive (CILEX) lawyer or a solicitor regulated by the Solicitors Regulation Authority (SRA).

Specialised expertise in LPAs

Setting up an LPA involves important legal decisions, and getting it right matters. Our team specialises in drafting and registering LPAs, making sure everything is handled correctly. Our solicitors have years of experience handling Lasting Powers of Attorney, guiding clients through everything from choosing the right attorneys to avoiding common mistakes that can delay registration.

Proven track record of success

We carefully vet each solicitor by reviewing case histories and client feedback to ensure they provide clear, reliable, and stress-free legal support.

When should an LPA be put in place?

The best time to set up an LPA is before you need it. Many people think LPAs are only for later life, but they’re actually useful for anyone who wants to plan ahead and make sure trusted people can manage their affairs if needed. To create an LPA, you must have full mental capacity - so it’s important to set it up early, while you’re able to make decisions for yourself.

If you're married or in a civil partnership, you may have assumed that your spouse or civil partner would automatically be able to make decisions about your finances or your health and care. But without an LPA, your spouse or civil partner doesn't have this authority.

You should consider making an LPA if:

• ✅ You want family or friends to step in and manage your finances or healthcare decisions if you ever need support.

• ✅ You have a health condition that could affect your ability to make decisions in the future.

• ✅ You run a business and need someone to act on your behalf if you’re away or unable to manage things yourself.

• ✅ You want to avoid delays and costly legal processes if you lose capacity and don’t have an LPA in place.

Four benefits of getting an LPA

Lasting Power of Attorney (LPA) isn’t just a legal form - it’s a way to protect your future and make sure the right people can step in if you ever need them. It gives you control over who manages your finances, healthcare, and daily life, rather than leaving it to chance.

Here’s why setting up an LPA could be a smart move:

1. Peace of mind

We all want to make our own choices, but what happens if you can’t? An LPA lets you appoint someone you trust to step in and make decisions on your behalf - whether it’s about your health, finances, or future care. Without an LPA, those decisions may be left to people you wouldn’t have chosen.

2. It can get complicated without one

If you don’t have an LPA and lose capacity, your loved ones won’t automatically be able to act on your behalf. Instead, they’ll have to go through a long and expensive court process to get a Deputyship Order - and even then, the court might not choose the person you’d have wanted.

3. You control when it takes effect

You decide when your LPA comes into force. A property and financial LPA can start immediately or only when you lose capacity. Many people choose to activate it as soon as it’s registered so it’s ready if needed - especially in emergencies.

4. Financial and healthcare security

Your attorney can pay bills, manage your bank accounts, handle your mortgage or rent, and keep your financial affairs running smoothly, preventing missed payments or financial difficulties. Plus, with a health and welfare LPA, you can set out your wishes for medical treatment, care home choices, and end-of-life care - ensuring your preferences are respected if you can’t express them yourself.

💡 Thinking about setting up an LPA? It’s quick, simple, and gives you peace of mind knowing that your future is in safe hands. Speak to an LPA solicitor to get everything set up properly.

What is the Powers of Attorney Act 2023?

The Powers of Attorney Act 2023 introduced important changes to make setting up a Lasting Power of Attorney (LPA) easier, faster, and more secure. These updates aim to modernise the process while strengthening protection against fraud and misuse.

One of the biggest changes is the introduction of digital applications, allowing people to create and manage LPAs online, making the process more convenient. The Act also includes stronger fraud prevention measures, such as enhanced identity verification checks, ensuring LPAs are only created by those who genuinely need them.

What are your next steps?

If you’re ready to set up an LPA for yourself or a loved one, we’re here to help. Our expert Lasting Power of Attorney solicitors will guide you through every step, making the process simple and stress-free. Get in touch today for a free, fixed-fee quote and chat with one of our friendly legal advisors - no obligation, just clear, expert advice.