LIBERAY LEGAL > WILLS & ESTATE PLANNING > LASTING POWER OF ATTORNEY (LPA)
LASTING POWER OF ATTORNEY (LPA)
An LPA isn’t just a piece of paper. It gives people you trust the most the power to look after you and your affairs should the unexpected happen.
WHAT IS A LASTING POWER OF ATTORNEY (LPA)?
An LPA is a legal document that allows you (the “donor”) to appoint one or more trusted people (your “attorneys”) to make decisions on your behalf if you lose mental capacity in the future — or if you simply want support managing your affairs.
Planning for the future isn’t only about what happens after you pass away – it’s also about making sure your affairs are managed if you lose the ability to do so yourself. Many people assume their spouse or children can automatically step in to handle finances or make health decisions if needed. Unfortunately, that’s not the case. Without an LPA in place, your loved ones may face delays, stress and significant expense to help you.
Our simple, transparent LPA services start from £400+VAT plus disbursements (Office of Public Guardian court fees for registration)
THE TWO TYPES OF LPA
Property and Financial Affairs LPA
Property and Financial Affairs LPA Covers decisions about your money, property and financial matters. This ensures bills are paid, investments managed, and property dealt with.
Health and Welfare LPA
Health and Welfare LPA Covers decisions about your health care, medical treatment, and day-to-day living arrangements. This gives your chosen person the legal right to make decisions about medical treatment, care homes, and life-sustaining treatment.
Why You Should Have Both Types of LPA
Many people assume that a financial LPA is enough. In reality, both are important. Without the health LPA, doctors and social services may have the final say — even if your family disagrees.
WHEN SHOULD YOU PUT AN LPA IN PLACE?
The simple answer: as early as possible.
An LPA can only be made while you have mental capacity. If you wait until it’s needed, it’s often too late. Once capacity is lost, the only option is a lengthy and costly application to the Court of Protection for a deputyship order.
Life Events Where You Should Consider an LPA:
- Buying property or accumulating savings/investments
- Marriage or starting a family
- A medical diagnosis that may affect capacity (e.g. dementia, Parkinson’s, stroke risk)
- Retirement or estate planning
- Long-term travel or living abroad
- Starting a business
RESPONSIBILITIES OF ATTORNEYS
An attorney must always act in your best interests. Their responsibilities include:
Attorneys are accountable and can be challenged if they misuse their powers.
- Following the rules set out in the Mental Capacity Act 2005
- Making decisions that are reasonable, proportionate, and guided by your wishes
- Keeping your money separate from their own
- Consulting with you as much as possible before making decisions
UNDERSTANDING YOUR PROTECTION
Without an LPA, losing mental capacity means your family will need to apply to the Court of Protection for a deputyship order. This process can take months, cost thousands, and cause significant stress at an already difficult time. An LPA puts you in control of who makes decisions for you.
THE RISKS OF DOING AN LPA YOURSELF
It’s possible to prepare an LPA without legal advice using the government’s forms. However, mistakes are common — and the consequences can be serious:
- Errors in signing or witnessing can make the document invalid
- Unclear instructions may give attorneys too much or too little power
- Failure to plan for replacements can mean your LPA stops working if your chosen attorney dies or is unable to act
- No professional guidance leaves you exposed to disputes or challenges from family members later
A solicitor ensures the document is properly drafted, tailored to your circumstances, and legally watertight — giving you peace of mind that your wishes will be followed.
HOW WE CAN HELP
At Liberay Legal we specialise in preparing LPAs that give you security for the future. We’ll explain your options clearly, draft the documents correctly, and register them with the Office of the Public Guardian.
Putting an LPA in place now means your affairs will always be managed by the people you trust most.
Contact us today to discuss making your LPAs. Prices start from £400+VAT and disbursements (Office of Public Guardian court fees for registration).
