Brandon
Bury St Edmunds
Norwich
Thetford
Lasting power of attorney solicitors
Expert legal protection when you need it most
The thought of being unable to make independent decisions or communicate your wishes can feel overwhelming. Creating a lasting power of attorney (LPA) is a sensible step to ensure you and your loved ones are protected, allowing you to retain the final decision should you ever lose mental capacity.
As expert lasting power of attorney solicitors, our understanding team can guide you to create a sound legal document that can be drawn on should a day come when you are unable to advocate for yourself, or no longer want to.
What is lasting power of attorney (LPA)?
A lasting power of attorney is a legal document that allows you to appoint individuals you trust (known as attorneys) to make health, welfare, and financial choices on your behalf.
You might want one as a temporary measure, perhaps if you're going into hospital and need assistance with paying your bills, or if you're moving into a care home and require support to make repairs or sell a property.
Alternatively, you might just want to plan ahead and organise for someone to take over in the event that you're diagnosed with a chronic illness like dementia or become incapacitated.
Key contacts
Steven Mcgrath
Commercial
Kate Ford
Commercial
Jade Westhead
Commercial
When can I make an LPA?
A lasting power of attorney can only be made while you have the ability to make your own decisions and when you are under no external pressure to do so.
You can appoint anyone you trust as your attorney, whether a friend or relative, but they must be over 18 and able to act on your behalf with integrity. If needed, you can appoint more than one person or line up replacement attorneys. Don’t worry, our solicitors guide you through every step, making sure you feel confident and fully informed when planning your future.
Can I cancel an LPA?
An original LPA document can be changed or cancelled at any time, provided you still have the mental capacity to make decisions for yourself. Our estate planning solicitors can offer advice and assist you in drafting a Deed of Revocation to reverse your decisions, should you need one.
Why does a lasting power of attorney matter?
Having a recognised power of attorney ensures your best interests are prioritised and your wishes are respected, whatever happens.
While many assume their other half or next of kin will automatically have the authority to make welfare or financial decisions on their behalf, without a lasting power of attorney, this isn't the case, even if you’re married or in a civil partnership.
Without a legally recognised document in place, your loved ones may need to apply to the Court of Protection for decision-making powers, which can be expensive and time-consuming, not to mention stressful.
If you don't have an LPA and lose mental capacity, medical and welfare decisions may be made by a doctor rather than by a trusted friend or family member. The local authority may also be assigned to make decisions for you if no one else can act, and if no attorney is named, the court may have final say in appointing a deputy to make decisions on your behalf.
Understanding the two types of lasting power of attorney
In the UK, there are two types of lasting power of attorney. You can choose to have one or both made by a lasting power of attorney solicitor.
Health and welfare lasting power
A health and welfare LPA can only be used if you lack the mental capacity to make decisions for yourself. It empowers your attorney to take actions related to your personal health and welfare, such as consenting to or refusing medical treatment, and making choices about your care and residence.
Property and financial affairs lasting power
A financial affairs LPA empowers your chosen attorney to manage financial matters. This may involve overseeing your bank accounts, property, estate administration, and investments, as well as handling day-to-day tasks such as paying bills and services. While one is being created, you can choose for it to be used, with your consent, while you still possess mental capacity.
Our approach: advice on lasting power of attorney
Engaging a solicitor to draft your lasting power of attorney document can help prevent disputes later on. We're here to support you in making decisions that will protect your interests. Our estate planning team will guide you through the following process:
Initial consultation
We take the time to understand your wishes in relation to your financial affairs and welfare. Choosing an attorney and granting them lasting powers is a significant decision. We explain the nature and effect of different types of power of attorney, outline attorney responsibilities, and offer expert advice and guidance on who you should consider for the role.
Document preparation
We'll then start preparing the relevant paperwork to ensure your LPA aligns with your wishes and meets legal requirements.
Certificate authorisation
One of our estate planning solicitors can serve as an independent certificate provider. They’ll confirm you understand the implications of the document and that you’re drawing it up voluntarily.
Registration management
An LPA must be registered with the court to come into effect. We’ll handle the entire process for you, keeping things as smooth and stress-free as possible, while also making sure your documentation complies with the Office of the Public Guardian.
Our estate planning team are here to help
Find us across East Anglia, with offices in Norwich, Brandon, Thetford, and Bury St Edmunds.
We're ready to support you in securing the future you want with confidence.
Speak to an experienced member of our team who will be happy to assist you.
