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21 November, 23
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Great interaction. I had a simple question which would have cost a fortune going to see a local solicitor. It was all very professional but still friendly. The solicitor I spoke to was the chief executive of her law firm (I looked her up on LinkedIn). You are dealing with very good lawyers who earn additional money through Lawhive. I would definitely use this service again. Highly recommend.
Mark,
29 December, 23
The solicitor who was appointed to me was outstanding
Very simple to engage with instant confirmation in writing straight after. Daniel, the solicitor who was appointed to me, was outstanding in his approach, his understanding of the technicalities of the law and, crucially, a genuine care for the client. Would definitely advise using Lawhive, you won't regret it.
Tahir Idris,
04 October, 23
We were so pleased to find the Lawhive website
After struggling to find a solicitor willing to give us advice, and for a reasonable cost, we were so pleased to find the Lawhive website. At first we wondered how well it would work, but needn't have worried at all - the whole process was simple, straightforward and professional and great value for money. We felt extremely lucky to be matched with our solicitor, Sonay Erten, as she was exactly what we were looking for - knowledgeable, patient and kind - a refreshing change from solicitors we have used in the past. She showed a great deal of empathy for our situation and explained things in language that was easy to understand (rather than the usual "solicitor" talk, which can be intimidating). She's a shining example of what a solicitor should aspire to be and I wouldn't hesitate to recommend her to others or use her again in the future. We came out of our session reassured and confident of what we needed to do going forward, so a big "thank you!"
Julie Taylor,
01 June, 23
Fast and professional
I got the outcome I wanted regarding cease and desist to a competitor spreading defamatory statements about my business. Fast and professional, and at a much lower price than high street firms. Highly recommended thanks.
Jason Hunter,
23 July, 23
Very efficient! Can highly recommend.
I found the website very easy to use. Quick responses and I was even able to talk to someone who was friendly and competent. She rang me rather than emailed me. A solicitor was quickly found who could help me and once the relevant identification was approved he started work. Within two days the solicitor had checked documents and commented on them. Very efficient! Can highly recommend.
Pauline Piper,
15 February, 23
The service was fast and ultra professional
Sonay was really informative and understood my questions instantly, what I thought was complex Sonay simplified massively. She regularly checked in and the service was fast and ultra professional. Would highly recommend.
Jamie Crichton,
09 November, 23
Great service and very reasonably priced,
Great service and very reasonably priced, Kem was really helpful and professional. Would use again
Sarah Shanks,
21 November, 23
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About

A lasting power of attorney (LPA) is a legal document that appoints someone to make decisions on behalf of another person. This is useful in situations where age, accidents, or illnesses may affect an individual's ability to make decisions independently.Next steps

How much does a Lasting Power of Attorney cost?

The cost for a licensed solicitor to help with a Lasting Power of Attorney is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £150-£179 but in some cases it could cost as much as £250.

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Lasting power of attorney solicitors

Decisions are a part of our daily lives. Some are simple, like choosing what to eat for dinner, while others are more significant, such as deciding whether to sell a house.

Every adult has the right to make their own decisions when they can, but sometimes they might need help, or someone may need to make decisions for them. This is where a Lasting Power of Attorney comes in.

lasting-power-of-attorney-solicitors

At Lawhive, our network of lasting power of attorney experts can help you understand what it means to be a power of attorney and the possible consequences of appointing someone in this role.

For personalised help and advice, get a free case assessment from our legal assessment team today.

What is lasting power of attorney?

A lasting power of attorney (LPA) is a legal document that allows you (the 'donor') to choose one or more people (called 'attorneys') to help you in making decisions or make decisions for you.

If you can't make decisions for yourself or would prefer someone else to do it, a power of attorney is useful. Not least because no one can automatically take on this role, not even a spouse or civil partner.

You must formally choose who can make decisions for you in your lifetime with a power of attorney document.

Therefore, a lasting power of attorney is a good way to plan for the future. It means that if you can't make your own decisions, someone you trust can step in and make choices for you.

What happens if you don't have a lasting power of attorney?

If you lose the ability to make decisions due to illness or accident and haven't created a Lasting Power of Attorney (LPA), your loved ones must apply for a Deputyship Order.

If no suitable friend or family member is available, the Court of Protection can appoint a professional to make decisions in your best interest.

For this reason, it's important to set up an LPA while you're capable of doing so.

Waiting until it's needed may be too late and result in the need for lengthy, expensive court proceedings or someone who doesn't know you making decisions for you.

What can a lasting power of attorney do?

There are two kinds of lasting power of attorney:

  1. Property and financial affairs attorneys;

  2. Health and welfare attorneys.

Property and financial affairs attorneys

Property and financial affairs attorneys can handle decisions related to the donor's:

  • Money;

  • Taxes;

  • Bills;

  • Bank accounts;

  • Property;

  • Investments.

This includes selling or buying a property, and using the donor's money for their daily needs or to take care of their home.

Property and financial attorneys can start making decisions when the donor is still capable if the LPA says they can or the donor gives permission.

Otherwise, the right to make these kinds of decisions only starts when the donor no longer has mental capacity.

Health and welfare attorneys

Health and welfare attorneys can make decisions about the donor's:

  • Daily routine;

  • Medical care;

  • Living arrangements.

Unlike property and financial affairs attorneys, health and welfare attorneys can only begin making these kinds of decisions when the donor officially lacks mental capacity.

It's important to note that an attorney does not have the right to stop a donor from making decisions entirely, even if they disagree. Decisions should, where possible, be made in collaboration with the donor and it should be their wishes that are carried out, not those of the attorney.

What can't a lasting power of attorney do?

There are certain things attorneys can't do, these include:

  • Giving large financial gifts to people, even family or friends;

  • Managing discretionary funds with a fund manager;

  • Pay themselves a salary without prior agreement in the LPA;

  • Combine their finances with the donors;

  • Benefit personally from their position as an attorney;

  • Buy assets below market rate without Court of Protection approval;

  • Engage in tax planning without Court of Protection authorisation;

  • Restrict the freedom of the donor through decisions;

  • Change or update a donor's will without a specific order from the Court of Protection;

  • Make decisions when the donor still has mental capacity;

  • Make assumptions about the donor's capacity based on appearance, behaviour, age, or condition.

How does an LPA work?

An LPA makes sure there's someone you can trust on hand to make important decisions about your health, care, or finances if you are unable to express your wishes.

Your attorney can step in quickly when needed, without the need for an expensive and long-winded court process.

The biggest benefit of an LPA is that it is tailored completely to your preferences, giving you the peace of mind that your affairs will be handled according to what you want.

What is the difference between ordinary power of attorney and lasting power of attorney?

An ordinary power of attorney, also known as a general power of attorney, is a temporary arrangement. In this, someone with mental capacity appoints another person to manage their property or financial affairs. But, it becomes invalid if the person granting the power loses mental capacity.

On the other hand, a lasting power of attorney is specifically designed to empower someone you trust to make decisions on your behalf if you lose mental capacity in the future. Unlike an ordinary power of attorney, it remains effective even if mental capacity is lost.

What responsibilities does a lasting power of attorney have?

It is the responsibility of an attorney to:

  • Follow the instructions of the LPA;

  • Assist the donor in making their own decisions as far as possible;

  • Make decisions in the donor's best interests;

  • Respect the donor's human and civil rights.

An attorney can't delegate their role to someone else. What's more, LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used.

Who can I choose to be my lasting power of attorney?

You can choose anyone to be your lasting power of attorney as long as they have mental capacity and are:

  • 18 or over;

  • Not on the Disclosure and Barring Service barred list;

  • Not an undischarged bankrupt or a person subject to a debt relief order (for a property and financial affairs LPA).

When choosing your attorney, it's important to pick someone you trust and who knows you well. Depending on what they'll be responsible for, you might also consider their ability to make financial decisions and handle money.

Attorneys are most commonly family members or close friends, but there are no hard or fast rules. Instead, it's important that you know and trust the person, and that they are comfortable in taking on the role.

You can also appoint more than one attorney if you wish, as well as substitute attorneys.

In your LPA you should set out whether your attorneys should make decisions together (jointly) or separately. Wills, trust, and probate solicitors can help you with the wording of this to ensure your wishes are clear.

Can a solicitor act be an attorney?

Yes, a professional, including a solicitor can act as your attorney under an LPA.

It is not uncommon for donors to appoint solicitors or accountants for property and financial affairs under an LPA given their expertise.

How do you make and register a lasting power of attorney?

To make a lasting power of attorney, you should:

  1. Choose your attorney(s);

  2. Fill in the forms to appoint your attorneys;

  3. Register your LPA with the Office of the Public Guardian.

You, or someone on your behalf (like a family member, friend, or solicitor), can make an LPA either online or using paper forms.

All relevant forms must be printed out and signed by attorneys, witnesses, and a certificate provider. The LPA must also be registered for your attorney(s) to be able to make decisions for you.

What is a certificate provider?

A Certificate Provider for a lasting power of attorney is an unbiased person who confirms that a donor is creating the LPA willingly, without pressure, with a full understanding of the implications, and with the mental capacity to do so. A certificate provider is required for both Finance and Health and Care LPAs.

Who can be a witness or certificate provider for an LPA?

Witnesses and certificate providers should be aged 18 or over.

Attorneys can be witnesses to each other's signature but they can't witness you sign the LPA or sign as the certificate provider.

Certificate providers can be either:

  • Someone you have known for at least 2 years who is over 18 and unrelated to you; or

  • A professional like a GP, solicitor, social worker, or independent mental capacity advocate.

Certain people can't be certificate providers, including appointed or replacement attorneys, relatives of the donor or attorneys, partners of the donor or attorneys, and business partners.

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Do I need to use a solicitor for an LPA?

Creating an LPA is more complicated than you might think. As it's a legal document, if it's not done correctly, it could end up being useless when you need it.

For this reason, we strongly recommend having a lasting power of attorney solicitor draft your LPA to make sure it's legally sound and follows the correct procedure.

If you're considering making an LPA our solicitors can:

  • Provide clarity and guidance on the different types of LPAs and their advantages;

  • Help you select or replace attorneys, ensuring you understand when and how they can act;

  • Guide you on appointing a suitable certificate provider;

  • Offer advice on any preferences or instructions that will limit the powers of your attorneys;

  • Draft the LPA document;

  • Check that the LPA is correctly signed by all parties;

  • Handle the completion and submission of documents to register the LPA with the OPG;

  • Correspond with the OPG on your behalf.

Get a free case assessment and no-obligation quote to find out more.

Can you do an LPA without a solicitor?

Creating an LPA without a solicitor is possible, but many encounter issues when attempting to do it themselves.

Despite the apparent simplicity of an LPA, numerous complexities can arise. For instance, understanding how to appoint multiple attorneys and provide clear instructions for them to act jointly or severally can be challenging.

The most common problem with DIY LPAs is ambiguity. Attorneys may not fully grasp their responsibilities or how to collaborate, especially when there are multiple attorneys involved.

Attorneys have a Fiduciary Duty, and any breach of this duty could result in liability for losses. Therefore, appointed attorneys in an LPA must understand their responsibilities, be comfortable with the role, and be prepared to fulfill their duties.

Solicitors can help both donors and attorneys understand different roles and responsibilities, limitations, and circumstances, as well as draft the LPA in a way that's clear and understandable.

Does lasting power of attorney override a will?

No, an attorney does not have the authority to alter or create a new will for the donor in any circumstances. This applies whether they are an attorney for property and financial affairs or health and welfare.

What are the disadvantages of a lasting power of attorney?

A lasting power of attorney involves sharing a significant amount of personal information with another person or persons, as well as giving them the authority to make decisions about your life.

Arguably, the biggest concern in creating an LPA is the attorney failing in their duties or abusing their power. Unfortunately, cases of financial abuse involving a Power of Attorney are not uncommon. However, it's important to know that an attorney can be removed if they are suspected of financial abuse or misuse of power.

The Powers of Attorney Act 2023 also aims to reduce instances of fraud and financial abuse through LPAs by introducing a new online process, alongside more rigorous ID checks.

Why choose Lawhive?

If you have concerns about losing mental capacity in the future and want to understand the process of making an LPA or appointing an attorney, our expert lasting power of attorney solicitors are here to guide you.

For more information, support, and a free case assessment, get in touch with our legal assessment team today.

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