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Lasting Power of Attorney (LPA): Why It’s Crucial and How to Set One Up

  • Writer: christy800
    christy800
  • Jul 3
  • 4 min read

Introduction: Planning Ahead with Confidence

Imagine losing the ability to make decisions about your finances or healthcare due to illness or an accident. Who would step in to help? More importantly—who would legally be allowed to?

That’s where a Lasting Power of Attorney (LPA) comes in. A

n LPA is a legal document that allows you to appoint someone you trust to manage your affairs if you’re no longer able to do so yourself.

At LCS Legal, we specialise in helping individuals and families across the UK set up LPAs the right way—legally, compassionately, and efficiently. This guide explains why LPAs are essential, the different types available, and how to get a Lasting Power of Attorney in the UK.

A calm, professional setting showing an older adult discussing paperwork with a younger relative or solicitor.


What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal arrangement where you appoint one or more people (called attorneys) to act on your behalf if you become unable to make decisions in the future.

There are two main types of LPAs in the UK:

  1. Property and Financial Affairs LPA Gives your attorney the authority to handle your finances—like paying bills, managing bank accounts, or selling property.

  2. Health and Welfare LPA Authorises your attorney to make decisions about your medical care, living arrangements, and day-to-day wellbeing.



Why Setting Up an LPA Is So Important

Many people wrongly assume that their spouse or children can automatically step in if they lose capacity. Unfortunately, without an LPA, even close family members have no legal authority to act on your behalf.

Here’s what can go wrong without an LPA:

  • Banks may freeze accounts

  • Property transactions may be blocked

  • Care decisions may be delayed

  • The court may appoint a deputy (a costly and time-consuming process)

Having an LPA ensures that you stay in control of who makes decisions for you—rather than leaving it to chance.

See also Why Every Adult Should Have a Will – No Matter Their Age to understand how LPAs and wills work together for full protection.



Who Can Be an Attorney?

You can appoint:

  • A family member

  • A close friend

  • A professional, like a solicitor

You can also appoint more than one attorney, and decide whether they act jointly or independently.

Choose someone who:

  • You trust completely

  • Understands your wishes

  • Has the time and ability to manage your affairs responsibly

LCS Legal can help you make this decision with confidence.



When Should You Set Up an LPA?

The best time to set up an LPA is now—while you still have full mental capacity. Waiting until something happens may be too late.

You should especially consider an LPA if you:

  • Are over 18 and want to plan ahead

  • Have been diagnosed with a medical condition

  • Are going into surgery or hospital

  • Own property or manage investments

  • Run a business or manage other people’s finances

Remember, LPAs are not just for the elderly—they’re for any adult who values control and peace of mind.



How to Get a Lasting Power of Attorney in the UK

Setting up an LPA involves several legal steps:

Step 1: Choose Your Attorney(s)

Decide who will act on your behalf. You can name backups too.

Step 2: Complete the LPA Forms

There are separate forms for:

  • Property and Financial Affairs (LPA PA)

  • Health and Welfare (LPA HW)

Forms must be completed carefully and signed in a specific order.

Step 3: Have It Signed and Witnessed

All parties—including you, your attorney(s), and a Certificate Provider (someone who confirms you understand the document)—must sign the forms correctly.

Step 4: Register the LPA with the Office of the Public Guardian (OPG)

An LPA is only valid once registered. This takes 8–12 weeks, so don’t delay.



Common Mistakes to Avoid When Creating an LPA

Many LPAs are rejected due to simple errors. Here’s what to watch out for:

  • Incorrect witness signatures

  • Missing Certificate Provider

  • Incomplete sections

  • Poor understanding of responsibilities

  • Not registering the LPA

At LCS Legal, we ensure every form is completed and submitted correctly, avoiding unnecessary delays or legal issues.



Costs of Making an LPA

There are two main costs involved:

  • Legal fees for preparing and checking your LPA (fixed-fee at LCS Legal)

  • Registration fee with the OPG (currently £82 per LPA)

Discounts may be available for people with low income or receiving benefits.

With our fixed-fee structure, you’ll know exactly what you’re paying—no hourly surprises.



Can You Cancel or Change an LPA Later?

Yes. As long as you have mental capacity, you can:

  • Cancel your LPA at any time

  • Change your attorney(s)

  • Create a new LPA if your circumstances change

We recommend reviewing your LPA every few years or after any major life changes—just like your will.



Why Choose LCS Legal for Your LPA?

✔️ Specialist Solicitors – We understand every detail of LPA law ✔️ Fixed-Fee Pricing – No hidden charges or surprises ✔️ In-Home Appointments – We’ll come to you, wherever you are ✔️ Comprehensive Protection – We can combine your LPA with your will and estate planning ✔️ Peace of Mind – Your documents will be valid, accurate, and secure

We help individuals, couples, and families across the UK take control of their future—with compassion, clarity, and legal expertise.



Frequently Asked Questions

Q: Can I make an LPA without a solicitor? Yes, but it’s easy to make mistakes that delay or invalidate the process. A solicitor ensures your LPA is done right.

Q: Do I need both types of LPA? Yes, most people benefit from having both a Property & Financial and Health & Welfare LPA for complete protection.

Q: What happens if I lose capacity without an LPA? A loved one will need to apply for a deputyship through the Court of Protection—an expensive and time-consuming process.



Conclusion: Take Control of Your Future with an LPA

Setting up a Lasting Power of Attorney isn’t just smart legal planning—it’s an act of love and responsibility.

With an LPA in place, you can rest easy knowing that, whatever happens, your affairs will be managed by someone you trust—quickly, legally, and without added stress for your family.

Let LCS Legal help you create your LPA the right way—clear, secure, and fully protected under UK law.



📞 Contact LCS Legal Today for a Free Consultation

✅ Fixed-Fee LPA Setup ✅ In-Home or Remote Appointments ✅ Trusted Legal Experts for Wills, Probate & Estate Planning

 Get in touch now or call [Phone Number].


 
 
 

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