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Lasting Power of Attorney (LPA) Solicitors

A Lasting Power of Attorney (LPA) gives another person or persons (known as your ‘attorney(s)’) the authority to act for you if you are unable to do so yourself. This could be if you fall ill or suffer an injury.

If you do not have a LPA in place and you lose mental capacity, it will be necessary for someone to make an expensive and time-consuming application to the Court of Protection in order to act on your behalf. This process can take several months.

By putting a LPA in place, you can choose who you would like to act on your behalf and appoint them well in advance so that they will be able to step in immediately when needed. An attorney can be granted the power to make decisions in respect of your property and financial affairs, as well as in respect of your health and welfare.

Here at Bird & Co, we have an experienced team who can guide you through the process of making and registering a LPA, as well as advising attorneys who have been appointed to manage someone else’s affairs.

Have a question about LPAs? Take a look at our FAQs.

Want to chat with one of our friendly Lasting Power of Attorney solicitors? Contact your local Bird & Co office in Grantham, Newark or Lincoln, or you can ask us a question.

Why choose Bird & Co Solicitors to help you with LPAs

With our LPA service, we can offer you:

  • Expert guidance from a highly experienced team
  • Plain English explanations so you can make informed decisions
  • Confidence that everything has been thought of
  • Competitive fees
  • A close, personal service from start to finish

Want to know more about the Bird & Co team? Take a look at our people.

Our LPA solicitors’ services

Making a LPA

It is important to note that there are two types of LPA available to you. One provides your attorney(s) with the power to make decisions in respect of your property and financial affairs and one in respect of your health and welfare.

Our LPA solicitors can advise you on the appointment of attorney(s) and what power you would like to give them to help you with your affairs should that be necessary in the future.

With our support, you will have a comprehensive understanding of what the consequences may be for granting certain powers, and what will happen should you ever regain mental capacity.

Making a LPA while you still have mental capacity is essential, as it needs to be shown that you understand what you are signing.  

Registering a LPA

Once you have decided on the details of the LPA, it needs to be registered at the Office of the Public Guardian before it can be used.

A property and finance LPA can be used as soon as it has been registered, whether or not you have capacity, while a health and welfare LPA can only be used when you are no longer able to make decisions on your own behalf.

Our team can help you with the process of registering a LPA, ensuring that no mistakes are made which could delay the process, or lead to the LPA not being useable when required.

Advice for attorneys

Taking over the responsibility of managing someone else’s affairs and acting as an attorney can be a very daunting prospect. Especially if it is not something you have ever had to do before. Acting as an attorney is an important duty, which is why seeking legal advice is highly recommended.

There are usually very strict rules as to what you can and cannot do as an attorney, but these may not be immediately obvious. Our solicitors can review the LPA you are acting under, advising you on your powers and what actions you are permitted to take.

Our LPA solicitors’ fees

At Bird & Co, we understand how important value for money is for our clients. That is why we take every step to provide an outstanding service that is in line with our legal fees, benchmarked against comparable law firms to remain competitive in the field.

We can offer a fixed fee LPA service in most circumstances, giving certainty over the costs involved.

We are always transparent and forthcoming with our fees and will provide cost estimates for any of the work which is due to be carried out. If any additional fees are required for work to be completed, we promise to keep you informed and ensure you are happy before proceeding forward.

Common questions about LPAs

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) provides someone with the legal authority to make important decisions on your behalf if you become unable to manage your own affairs.

There are two types of LPAs which grant certain powers to attorneys.

Property and financial affairs LPA

A property and financial affairs LPA allow an attorney to handle matters such as paying bills, investing money, collecting pension payments, managing bank accounts, and selling property.

Property and financial affair LPAs can also be actioned by an attorney where you still have capacity. For example, you may want someone to manage your affairs where you will be out of the country and will not be available to sign certain documents.

Health and welfare LPA

Health and welfare LPAs grant an attorney with the ability to make decisions related to your care and the medical help you will receive.

Why do I need Lasting Power of Attorney?

If you do not have a LPA in place, and you lose the capacity to make decisions for yourself, your loved ones will need to apply to the Court of Protection for a Deputyship Order if they want to act on your behalf. This can be a lengthy and complex process.

Do you need a solicitor for Lasting Power of Attorney?

You do not need to use a solicitor to create a LPA. However, the procedures for LPAs can be very complex, especially as the consequences for getting a form wrong can be substantial. Our team can make sure that the form is accurate and is filled in a timely fashion.

Who can be an attorney?

You can appoint one or more attorneys to act on your behalf. An attorney can be anyone you trust who is over 18 years old.

How long does it take to process a Lasting Power of Attorney?

Once the necessary information has been submitted to the Office of the Public Guardian, registration for a LPA would normally take between eight to ten weeks. However, currently this is taking longer due to various factors, so around 20 weeks is common. This is so long as no mistakes were made in the application.

What is the difference between an Enduring Power of Attorney and a Lasting Power of Attorney?

Enduring Power of Attorneys (EPAs) were replaced by LPAs in October 2007. If you made and signed an EPA before October 2007, it should still be valid. An EPA will typically cover most of the same aspects as a property and financial affairs LPA.

Speak to our LPA solicitors

Want to chat with one of our friendly LPA solicitors? Contact your local Bird & Co office in Grantham, Newark or Lincoln, or you can ask us a question.