Arranging Lasting Power of Attorney (LPA)

Secure your future with a Lasting Power of Attorney

Planning for the unexpected is one of the most responsible steps you can take to protect yourself and your loved ones. A Lasting Power of Attorney (LPA) ensures that someone you trust can make important decisions about your finances, property, health, or welfare if you’re ever unable to.

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a powerful legal document that ensures your wishes are respected if you become unable to make decisions for yourself. By creating an LPA, you appoint trusted individuals—known as attorneys—to make decisions on your behalf, safeguarding your interests during challenging times.

Types of Lasting Powers of Attorney

There are two types of LPAs, each covering a different area of decision-making:

Property & financial affairs LPA

This allows your attorneys to manage your financial matters and property. Examples include paying bills, handling bank accounts, collecting pensions, and selling or renting property. It can be used while you still have mental capacity if you choose, ensuring a seamless process for financial management.

Health & welfare LPA

This authorises your attorneys to make decisions about your healthcare and personal welfare. Examples include consenting to or refusing medical treatments, deciding on living arrangements, or managing day-to-day care. Unlike the financial LPA, this can only be used if you lose mental capacity.

Why are LPAs important?

Without an LPA in place, no one— not even close family— has the automatic right to make decisions on your behalf. This can lead to delays, stress, and potentially costly legal proceedings to appoint a deputy through the Court of Protection. An LPA avoids these complications, giving you control over who will act in your best interests.

Who can create an LPA?

To make an LPA, you must:

  • Be over the age of 18.
  • Have the mental capacity to understand the document and the implications of your choices.

By acting while you have the capacity, you ensure your voice is heard and your preferences are documented.

How is an LPA registered?

For an LPA to be valid, it must be:

  1. Completed correctly, including all signatures and details.
  2. Certified by an independent witness to confirm you understand your decision.
  3. Registered with the Office of the Public Guardian (OPG) before it can be used.

Anthony Gold Solicitors are here to ensure every step of this process is handled smoothly and correctly, so your LPA is ready when it matters most.

By putting an LPA in place, you’re taking a proactive step to protect your future and relieve your loved ones of difficult decisions during times of uncertainty.

Why do you need a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is more than just a legal document—it’s a safeguard for your future and a gift of clarity for your loved ones. Here’s why it’s an essential step in planning ahead:

Maintain control over your future

An LPA allows you to decide who you trust to manage your affairs. Without one, if you become unable to make decisions, the Court of Protection may appoint someone on your behalf. This person might not be who you would have chosen, and the process can be lengthy, costly, and stressful.

Avoid disruptions in financial management

Imagine your finances being frozen because no one is authorised to act on your behalf. An LPA ensures uninterrupted management of bills, investments, and property, preventing unnecessary complications during difficult times.

Protect your health & welfare choices

A Health and Welfare LPA ensures that decisions about your medical treatments, living arrangements, and day-to-day care are made by someone who truly understands your preferences. Without this document, those decisions may fall to medical professionals or social services rather than your loved ones.

Prevent family conflict

Having an LPA in place avoids disagreements among family members about who should make decisions. It provides clarity and legal authority, ensuring harmony during challenging periods.

Plan for the unexpected

Life is unpredictable. Illnesses like dementia or accidents can leave you unable to make decisions when you least expect it. Acting now ensures you’re prepared for any eventuality, providing peace of mind for both you and your family.

A simple & affordable solution

Setting up an LPA is a straightforward process with the right guidance. It’s an investment that protects you from potentially expensive legal proceedings if no arrangements are in place.

By choosing Anthony Gold Solicitors to assist you, you’ll benefit from expert advice tailored to your situation. We ensure your wishes are documented clearly and legally, giving you and your loved ones the reassurance you deserve.

Words from our clients

Anthony Gold has an excellent reputation. It has a fantastic team approach. It does not shy away from difficult client issues and is very responsive and very professional.

Wills, Trusts and Estates Client

They’re an excellent team – they all work very hard for the client’s interests and will try to minimise costs for them. Trustworthy delivery and service. Thorough in execution and demonstrated empathy towards our needs.

Wills, Trusts and Estates Client

We have been dealing with Umar on a number of issues over a year he has been very helpful, polite and sincere in the advice he has given us and prompt and concise in his correspondence with us. Anthony Gold is a formidable firm with exceptional expertise.

Wills, Trusts and Estates Client

How Anthony Gold Solicitors can help

Creating a Lasting Power of Attorney (LPA) involves more than just filling out a form—it’s about making informed decisions and ensuring your wishes are legally binding and enforceable. At Anthony Gold Solicitors, we offer a comprehensive service designed to make the process smooth, stress-free, and tailored to your needs.

Expert guidance through every step

Our experienced solicitors will guide you through the entire process of setting up your LPA. From understanding the legal requirements to ensuring the document accurately reflects your preferences, we’re here to simplify what might otherwise feel overwhelming.

Helping you make the right choices

Deciding who to appoint as your attorney is a significant decision. We’ll help you consider factors such as trust, availability, and capability, ensuring you choose someone who will act in your best interests. Our advice also extends to understanding the responsibilities your attorneys will have once the LPA is in effect.

Ensuring your LPA is legally sound

An LPA must meet strict requirements to be valid. Our team will:

  • Ensure the forms are filled out correctly, leaving no room for error.
  • Arrange for independent certification to confirm your capacity and understanding.
  • Register the LPA with the Office of the Public Guardian so it’s ready when needed.

Avoiding common pitfalls

Mistakes in creating or registering an LPA can lead to delays, additional costs, or even an invalid document. With Anthony Gold Solicitors, you can avoid these issues and ensure your LPA is legally watertight from the start.

Tailored advice for complex situations

If your situation involves unique circumstances—such as managing business interests, multiple attorneys, or concerns about family dynamics—our solicitors have the expertise to address these complexities. We provide personalised solutions that give you peace of mind.

Simple steps to set up your Lasting Power of Attorney

At Anthony Gold Solicitors, we make the process of setting up a Lasting Power of Attorney (LPA) straightforward and stress-free. Here’s how we’ll help you every step of the way:

Step 1: Initial consultation

We’ll begin with a conversation to understand your specific needs and concerns. Whether you’re setting up an LPA for yourself or assisting a loved one, we’ll provide clear guidance tailored to your situation.

Step 2: Drafting your LPA

Based on your preferences, we’ll draft a legally accurate and personalised LPA. We’ll ensure that:

  • Your chosen attorneys are clearly identified and their roles are properly defined.
  • Any specific instructions or preferences you have are included.

Step 3: Certification

To finalise your LPA, an independent person must certify that you understand the document and its implications. Our solicitors will guide you through this essential step, ensuring it’s done correctly and efficiently.

Step 4: Registering with the Office of the Public Guardian

An LPA is only valid once it’s registered with the Office of the Public Guardian. We’ll handle the registration process for you, ensuring there are no delays or errors.

Step 5: Providing ongoing support

Once your LPA is in place, we remain available to answer any questions or assist with future amendments, should your circumstances or preferences change.

Taking these steps now can save significant time, stress, and expense in the future. With Anthony Gold Solicitors, you can trust that your LPA will be prepared with precision, ensuring your wishes are respected when it matters most.

Speak to the team today

Arranging Lasting Power of Attorney: FAQs

What happens if I move abroad after creating a lasting power of attorney?

Your LPA remains valid in England and Wales even if you move abroad. However, it may not be recognised under the laws of your new country. You should seek local legal advice to ensure equivalent arrangements are in place or clarify the LPA’s applicability.

Can I specify conditions or limits on what my attorney can do?

Yes, you can include instructions in your LPA to limit or guide your attorney’s powers. For instance, you can restrict financial transactions or specify healthcare preferences, ensuring they act in line with your wishes while maintaining practicality.

Can an attorney make gifts or donations on my behalf?

Attorneys can make small, reasonable gifts on customary occasions, such as birthdays, but larger gifts or charitable donations require Court of Protection approval. They must always act in your best interests and within their authority.

What happens if I lose mental capacity before my LPA is registered?

If your LPA is not registered before you lose capacity, it cannot be used. In this case, someone must apply to the Court of Protection to act on your behalf, a process that is more costly and time-consuming than registering the LPA in advance.

How do I ensure my LPA reflects my religious or cultural values?

You can include instructions in your LPA to ensure decisions align with your religious or cultural beliefs, such as healthcare preferences or dietary restrictions. Clear wording and discussions with your attorney help ensure your wishes are followed.