Lasting Power of Attorney
Lasting Power of Attorney Solicitors in Gloucestershire
A Lasting Power of Attorney (LPA) is an important legal document that could protect you and your future. By putting in place a Lasting Power of Attorney, whilst you still have the mental capacity to do so, you are giving one or more people (the attorney) the authority to make decisions and act on your behalf if you lost the ability to make those decisions for yourself. There are two types of Lasting Powers of Attorney:
- Property and Financial Affairs
- Health and Welfare
Our experienced team can advise you on the appropriate type of power of attorney for either financial affairs or health and welfare. We can also advise you on LPA disputes, Living Wills and Wills and Statutory Wills.
For you, your family and your business. To speak with our Lasting Power of Attorney team, please call 01452 521286, email us at lawyers@langleywellington.co.uk or make an online enquiry.
Did you know that without the correct LPA in place, with a named attorney, even if you are married or in a civil partnership, your next of kin or spouse will not have the authority to deal with your bank account, other financial affairs or have the final say about your healthcare if you lose the ability to do so. If you do lose mental capacity, without an appropriate LPA in place, a family member or loved one would have to apply to the Court of Protection to be appointed as your “Deputy”. To find out more information, please contact our specialist team.
Types of Lasting Powers of Attorney
- Lasting Power of Attorney for Property & Financial Affairs – A property and financial affairs lasting power of attorney deals with decisions about such things as selling your house, paying your bills or collecting benefits.
- Lasting Power of Attorney for Health & Welfare – A health and welfare lasting power of attorney deals with health care and medical decisions such as giving or refusing consent to particular types of health care, including medical treatment decisions or whether you can live in your own home.
Health and welfare decisions can only be taken by somebody else when you lack the capacity to make them for yourself, for example, if you are unconscious or because of the onset of a condition such as dementia.
This can be of particular interest to unmarried couples or those not in a civil partnership. If your partner is appointed to act as an attorney, the health and welfare lasting power of attorney will be a legally acceptable document to doctors and medical staff.
How our Lasting Power of Attorney Experts in Cheltenham and Gloucester can help
Langley Wellington expert private client team specialises in drawing up Lasting Powers of Attorneys on behalf of clients to assist them through this complex procedure. We also deal with the registration of the LPA at the Office of the Public Guardian on the application of either the donor or the attorney.
Get in Touch
To find out more about our Private Client Services or to speak with our team, you can call us on 01452 521286, email us at lawyers@langleywellington.co.uk or make an online enquiry. We have two offices in Cheltenham and Gloucester. To find out more contact us.
How can we help?
A Lasting Power of Attorney (LPA) is a legal document. It lets you appoint one or more people you trust, called attorneys, to make decisions for you if you lose the ability to make those decisions yourself. There are two types of LPA; one covers property and financial affairs; and the other covers health and welfare. You can choose to put one in place or both. When you’ve made your lasting power of attorney (LPA), it has to be registered with the Office of the Public Guardian (OPG) before anyone can use it.
That depends on the type, and on what you decide when you set it up. A property and financial affairs LPA can be used as soon as it is registered (with your permission) with the OPG, with your permission, or only once you lose capacity. A health and welfare LPA is different and can only be used once you can no longer make the decision yourself.
Registering an LPA takes longer than most people expect. The OPG’s target for registering an error-free LPA application is around 8 – 10 weeks. However, in practice, registration is currently running closer to 12-16 weeks, and the process tends to be much slower during peak periods. Once registered, the document is ready for use when needed.
The OPG currently charges a £92 registration fee per LPA. Solicitor’s fees are payable on top if you are using a solicitor to draft and register the document for you. Fee reductions and exemptions are available for those on a low income or certain benefits. Find out more about the registration process here: Gov.UK/Register a Power of Attorney.
You can. The forms are free to download, and the OPG provides an online tool. However, the forms are long, and small errors are common reasons for rejection. Latest OPG figures show that during 2023 to 2024, around 15% of LPA applications contained mistakes and almost 51,000 were rejected. A solicitor will make sure your LPA is completed and signed correctly the first time. We look at this in more detail in our blog, ‘Do You Need a Lawyer for a Power of Attorney?’
Your attorney can be anyone over 18 whom you trust to act in your best interests. Most people choose a spouse, a civil partner, an adult child, or a close friend. You can appoint more than one attorney and specify whether they must make decisions jointly, or whether they can act independently of each other.
Yes, as long as you still have mental capacity. You can make changes or revoke your LPA at any time. If the LPA has already been registered, you will need to follow the OPG’s revocation process, but the right to change your mind stays firmly with you.
Without an LPA, your family does not automatically have the right to deal with your finances or make decisions about your care, even if they are your next of kin. They would need to apply to the Court of Protection to be appointed as your deputy, which is slower and more expensive than relying on an LPA. We explain the differences below and in our blog on deputyship orders.
Our Wills, Trusts & Probate Team
The Wills and Probate team will be happy to speak with you regarding all areas of wills, probate, inheritance planning and trusts.
You can find out more about our team by clicking on the links below.
Contact our Solicitors
Langley Wellington is a forward-thinking law firm acting for clients nationwide. Whatever your legal requirements, we are here to help.
Get in touch with our Solicitors today. Call one of our offices on the numbers provided below, or fill out our contact form here.
Gloucester Office: 01452 521 286
Cheltenham Office: 01242 269 998
