A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone you trust to make important decisions on your behalf if you lose the mental capacity to do so yourself. We help you make a Lasting Power of Attorney that reflects your wishes and legally authorises someone you trust to manage your affairs if you lose capacity.
Expert LPA service. Our in-depth knowledge of Power of Attorney law guarantees accuracy and legal soundness.
We offer clear, upfront pricing with no hidden charges or unexpected costs, ensuring complete financial transparency for your LPA.
We safeguard your financial, personal, and business interests with legally sound documentation registered with the Office of the Public Guardian.
We ensure full adherence to the Mental Capacity Act and maintain oversight by the Office of the Public Guardian, guaranteeing legal integrity and accountability for LPAs.
Understanding the key terms involved when you make a Lasting Power of Attorney (LPA) can help you make informed decisions—this table explains the roles, processes, and legal principles in simple language:
Term | What It Means |
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Lasting Power of Attorney (LPA) | A legal document that lets you choose someone to make decisions for you if you lose mental capacity. |
Property and Financial Affairs LPA | Allows someone you trust to manage your money, bank accounts, bills, and property. |
Health and Welfare LPA | Lets someone make decisions about your healthcare, care home, or medical treatment if needed. |
Ordinary Power of Attorney (OPA) | Gives someone temporary authority to manage your finances while you still have mental capacity. |
Enduring Power of Attorney (EPA) | An older type of power of attorney made before 2007 that still applies if set up correctly. |
Donor | The person making the power of attorney – that’s you. |
Attorney | The person you choose to act for you if you can’t make decisions. |
Replacement Attorney | A backup person who steps in if your first choice can’t do the job. |
Certificate Provider | A person who confirms that you understand what you’re doing and aren’t being pressured. |
Office of the Public Guardian (OPG) | A government body that checks and registers your LPA to make it legally valid. |
Court of Protection | A special court that helps make decisions if no LPA is in place and someone can’t decide for themselves. |
Mental Capacity Act 2005 | The law that protects people who may not be able to make their own decisions. |
Registering an LPA | The process of sending your signed LPA to the OPG so it becomes official and ready to use. |
Revoking an LPA | Cancelling your LPA while you still have mental capacity. |
Best Interests | A legal rule that says your attorney must always act in a way that’s best for you. |
Capacity Assessment | A check to make sure you can still understand and make your own decisions when the LPA is set up. |
You need a Lasting Power of Attorney if you want to ensure someone you trust can legally make decisions for you if you lose mental capacity.
Without an LPA, your loved ones would have to apply to the Court of Protection to act on your behalf—an often lengthy and expensive process. An LPA gives you control by allowing you to choose who acts for you and under what conditions, whether for finances or health and welfare matters.
Paralegals like those at New Forest Wills are trained legal professionals who can prepare Lasting Powers of Attorney and offer expert guidance, but they are not regulated by the Solicitors Regulation Authority. Unlike solicitors, paralegals cannot represent clients in court but often provide more flexible, cost-effective services for non-contentious matters.
You make a Lasting Power of Attorney by completing a legal document that appoints someone to act on your behalf if you lose mental capacity.
The process involves choosing your attorney(s), filling in the LPA forms (available online or through a professional service), signing with witnesses, and registering the completed forms with the Office of the Public Guardian (OPG). A certificate provider must also confirm that you understand the arrangement and are not under pressure. Only once registered can the LPA be used.
The Mental Capacity Act 2005 provides the legal framework for assessing capacity and sets the rules attorneys must follow when making decisions under an LPA.
HMRC may require attorneys managing financial affairs under an LPA to handle tax-related matters such as self-assessment returns and inheritance tax planning.
An Enduring Power of Attorney, made before October 2007, covers property and financial affairs only and remains valid if registered, while LPAs cover both health and financial decisions and are governed by more recent laws.
TASK | FREQUENCY | GUIDANCE |
---|---|---|
Review Attorney Details | Every 2–3 years |
• Confirm your attorneys are still suitable and available. • Consider replacements if circumstances change. |
Check Preferences and Instructions | Every 2–3 years |
• Ensure guidance sections still reflect your current wishes. • Update if health, finances, or family arrangements have changed. |
Revisit Life-Sustaining Treatment Choice | As needed |
• Review your stance on life-sustaining treatment in Health LPA. • Amend if your views or health status changes. |
Confirm Registration Status | Annually |
• Make sure your LPA is registered with the OPG. • Check registration certificates are safely stored. |
Inform Attorneys of Location | When LPA is created or updated |
• Ensure attorneys know where to find the original document. • Avoid storing it in inaccessible or locked locations. |
Update LP3 Notifications | As needed |
• Review and update individuals to be notified if required. • Particularly relevant if family dynamics change. |
Monitor Attorney Capacity | Every 3–5 years |
• Ensure chosen attorneys remain mentally and physically capable. • Replace if an attorney loses capacity or relocates abroad. |
LPA SUPPORT SERVICES | RELATED LEGAL APPLICATIONS | COMMON LPA FEATURES |
---|---|---|
LPA for Business Owners | Deputyship Application Guidance | Joint and Joint & Several Appointments |
Certificate Provider Support | Advance Decision (Living Will) | Life-Sustaining Treatment Instructions |
Replacement Attorney Advice | Planning for Progressive Illness | Instructions and Preferences Sections |
Witnessing and Execution Assistance | Cross-Border Power of Attorney Advice | Notifying People (LP3 Form Guidance) |
Attorney Role & Responsibility Briefing | Court of Protection Overview | Safekeeping and Registration Advice |
LPA Registration with OPG | Long-Term Care & Housing Planning | Attorney Eligibility Checks |
Contingency Planning for Incapacity | Managing LPAs in Complex Family Settings | Timeframe and Validity Clarification |
Service Areas