Lasting Power of Attorney Solicitors
Losing mental capacity affects our ability to make decisions about our finances and welfare. This can happen suddenly, following an injury, or as the result of a long-term illness. Creating a Lasting Power of Attorney ensures that someone you trust has the legal authority to make decisions on your behalf when you are no longer able.
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Tailored advice throughout the Lasting Power of Attorney process
A Lasting Power of Attorney (‘LPA’) allows you to appoint one or more people to help you make decisions, or to make decisions on your behalf. If you’re married or in a civil partnership, you may assume that your partner can automatically make decisions regarding your assets, and your health and welfare, if you lose capacity. However, this is not the case.
If you lose mental capacity before setting up an LPA, an application will be made to the Court of Protection to determine who is the most appropriate person to manage your affairs. This process is more costly and, until such a determination is made, your dependants and/or loved ones will not be able to make decisions regarding your property and/or health and welfare. An LPA gives you more control and, if set up correctly, will give your appointed attorneys immediate authority to make decisions in the unfortunate event that you lose mental capacity.
There are many factors to consider when making an LPA. Our experienced solicitors offer tailored advice and will guide you through the process.
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Easy & Transparent Fixed Pricing
Your Lasting Power of Attorney prepared by qualified solicitors
Property & Financial Affairs
£350 + VATYour attorneys can make decisions about your financial affairs, including managing bank accounts, paying bills, and buying and selling property.
Health & Welfare Decisions
£350 + VATYour attorneys can make decisions relating to medical care, wellbeing, and maintaining quality of life.
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Our helpful guides cut through the jargon and provide simple answers to complex legal questions. If you need to talk to someone, our team are always on hand to offer advice and support.
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Our experienced team of solicitors are on hand to answer all of your questions about your Lasting Power of Attorney.
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Emma Donovan
Partner
Rebekah Banks
Partner
Maria De Giovanni
Partner
Robert Perez-Livermore
Solicitor
Ryan Pound
Solicitor
Kaitlyn Loss
Solicitor
Harriet Hovell
SolicitorArrange a Meeting
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Frequently Asked Questions
A lasting power of attorney is a document which appoints attorney(s) to make decisions about a persons’ property and financial affairs or health and welfare. They remain effective when the person appointing the attorney(s) is no longer able to make those decisions for themselves (they lack mental capacity).
A lasting power of attorney isn’t something only older people in poor health should consider. You can have an accident or suffer unexpected illness at any age so it is important to set one up whilst you have mental capacity. Appointing attorneys under a lasting power of attorney can protect you and your family financially and reduce conflict by clearly stating who you wish to help you make decisions when you are unable to make those decisions for yourself.
No, you do not have to use a solicitor to set up a lasting power of attorney. You can complete the forms and register the LPA with the OPG on your own.
However, it is highly recommended to use a solicitor to ensure the document is legally valid. Any mistakes in the application may prevent the LPA from being registered and you would need to pay the OPG fee again.
Our solicitors at Kew Law can provide guidance if you are unsure about the process or the decision-making involved and give you the peace of mind you need.
For a lasting power of attorney, solicitors typically charge between £200 and £500 per LPA. At Kew Law, we have a fixed-price service of £295 + VAT with a free 1-hour consultation at one of our branch offices.
In addition to the solicitor’s fees, there is a fee to register the LPA with the Office of the Public Guardian (OPG), which is currently £82 per application.
We also offer discounted packages for both types of LPA (Health and Welfare, and Property and Financial Affairs) if done together as well as packages for couples.
See our pricing page for more information on solicitor costs of LPA and any other additional fees
Yes, a solicitor can act as your attorney if you appoint them under an LPA. If you wish, they can manage your financial affairs, property, and health decisions on your behalf.
However, the solicitor must act in accordance with your instructions and best interests, as stipulated by the LPA.
To certify an LPA, a solicitor must confirm that the donor understands the nature and effect of the document and that it was signed freely and voluntarily. The solicitor will verify the donor’s capacity to make the LPA and witness the donor’s signature.
They may also confirm that no undue pressure was applied during the process. Certification by a solicitor provides additional assurance that the LPA is valid and legally binding.
Experience and expertise
Ensure the solicitor has experience in drafting LPAs and is familiar with the latest legal requirements. Learn more about our lawyers and their experience.
Location
It may be helpful to choose a solicitor in your local area, but many solicitors now offer services online, allowing for more flexibility. At Kew Law, we have offices in thirteen locations across Essex and Suffolk. We also offer online appointments.
Reputation
Look for reviews, recommendations, and whether the firm is regulated by the Solicitors Regulation Authority (SRA).
Costs
Get a clear idea of the solicitor’s fees and what is included. Many firms offer a transparent, fixed-fee service for LPAs. See our pricing page for costs and additional fees.
The three main types of power of attorney are:
- Lasting Power of Attorney (LPA): This is a document that allows you to appoint someone to make decisions on your behalf if you lose mental capacity. There are two types of LPA: one for Property and Financial Affairs, and one for Health and Welfare.
- Enduring Power of Attorney (EPA): This is an older version of LPA that is no longer available to new applicants. However, if you created an EPA before October 2007, it remains valid.
- General Power of Attorney: This is typically used for a specific period or purpose, such as managing your affairs while you are abroad. It does not extend to health or welfare decisions and is not valid if you lose mental capacity.
The best person to be appointed as an attorney is someone you trust implicitly, who understands your wishes and will act in your best interests. This person could be a family member, a close friend, or a professional, such as a solicitor or accountant.
When selecting a lasting power of attorney, consider their ability to make decisions on your behalf, their availability, and their understanding of your values and preferences.