Lasting Powers Of Attorney Solicitors

None of us likes to think about a time when we might not be able to make our own decisions. But deciding now who you would want to act for you — while the choice is entirely yours is one of the most straightforward and valuable things you can do for yourself and your family.

A Lasting Power of Attorney (LPA) lets you appoint one or more people you trust to make decisions on your behalf if you lose the mental capacity to make them yourself or in restricted circumstances where you still have capacity with your consent. Our Lasting Power of Attorney solicitors will help you decide what your LPA should say, prepare it properly, and register it so it’s ready when your family needs it.

TV Edwards is a long-established, Legal 500 recognised London firm. Our Private Client team prepares LPAs for individuals, couples and families every week, and offers clear fixed fees so you know the cost from the outset.

A simple step that saves your family a great deal

Putting an LPA in place is usually far quicker and more affordable than people expect — and vastly easier than the alternative your family would otherwise face.

Call us on 020 3440 8000, email privateclient@tvedwards.com or contact us online for a written fixed fee quotation. We’ll talk through what you need before you commit to anything.

What Is a Lasting Power of Attorney? 

A Lasting Power of Attorney is a legal document in which you appoint one or more people, your attorneys to make decisions for you if you become unable to make them yourself.

You choose who they are, what they can decide, and how they must go about it. You can also record preferences and instructions, so your attorneys know your views on the decisions that matter most to you.

Depending on the type of LPA, those decisions might include:

• how your finances and savings are managed;
• what happens to your business, if you own one;
• your day-to-day care and where you live;
• the medical care and treatment you receive;
• whether you move into a care home.

Making an LPA gives peace of mind in both directions. Your family will know what you want if anything happens to you — and you’ll know your wishes are going to be respected.

An LPA is not the same as an ordinary power of attorney, which is a temporary arrangement used while you still have capacity, for example, if you’re going abroad for a period and need someone to handle a specific transaction. An ordinary power of attorney stops working the moment capacity is lost, which is precisely when most people need one. If you’re unsure which is right for your situation, we can advise.

The Two Types of LPA

There are two separate LPAs, and they do different jobs. Most people make both.

Property and Financial Affairs LPA

This gives your attorneys authority over your money and property — operating bank accounts, paying bills, dealing with pensions and investments, and managing or selling property.

You can allow this LPA to be used as soon as it’s registered, with your permission, or specify that it only comes into effect if you lose capacity. Either option can be sensible, and we’ll talk you through which suits you.

Health and Welfare LPA

This covers decisions about your care and treatment — where you live, your daily routine, the medical treatment you receive, and, if you choose to grant it, whether life-sustaining treatment is given or withdrawn.

Unlike the financial LPA, this one can only ever be used once you lack the capacity to make the decision yourself.

Many people make a financial LPA and stop there. We’d usually encourage you to consider both: it’s the health and welfare decisions that families find hardest to navigate without clear authority.

Who Should Make an LPA, and When?

Anyone aged 18 or over can make an LPA, provided they have the mental capacity to understand what they’re doing at the time. There’s no need to be elderly or unwell — many of our clients make theirs alongside a Will, in their forties and fifties, and never think about it again.

You should consider one now if:

• you own property, run a business or have savings someone would need to manage;
• you have been diagnosed with a condition that may affect your capacity in future;
• you’re supporting an ageing parent or relative whose affairs may need managing;
• you have a partner but aren’t married, or have a blended family, where authority isn’t automatic;
• you simply want your family to be spared difficulty later.

The one requirement is timing. An LPA can only be made while you still have capacity. Once that’s gone, the option closes — and this is the single most common reason families come to us too late.

What Happens If You Don’t Have an LPA?

There’s a widespread assumption that a spouse or adult child can simply step in. They can’t. Without an LPA, no one has automatic authority to manage your money, deal with your bank, or make decisions about your care — however close they are to you.

Instead, your family would need to apply to the Court of Protection to be appointed as your deputy. That process is considerably slower and more expensive than making an LPA, involves ongoing reporting duties, and hands the choice of who acts for you to the court rather than to you.

If a relative has already lost capacity and this is the position you’re in, our Court of Protection solicitors can guide you through a deputyship application.

Choosing the Right Attorneys

This is the decision that deserves the most thought, and where good advice makes the biggest difference.

Your attorneys should be people you trust completely, who are willing to act, and who are likely to be around and capable when needed. Many people appoint a spouse alongside adult children.

There are choices to make about how they work together. Appointing attorneys jointly means every decision must be unanimous; jointly and severally means any one of them can act alone. The first offers more protection, the second more practicality — and getting this wrong can leave an LPA unusable if one attorney dies or is unable to continue. Naming replacement attorneys guards against that.

Where family relationships are complicated, we’ll help you structure the LPA to reduce the risk of disagreement later, and to make your intentions clear enough that they’re difficult to dispute.

Is It Best to Use a Solicitor for a Lasting Power of Attorney?

You can make an LPA yourself. Many people do, and for the most straightforward circumstances it can work perfectly well.

The difficulty is that errors in an LPA usually come to light at the worst possible moment — when your family tries to use it, and you’re no longer able to put it right. Rejected registrations, ambiguous instructions and unworkable attorney arrangements are all common.

Instructing a solicitor gives you:

• Advice tailored to your circumstances, rather than a form to complete alone.
• Precise, unambiguous wording, so your attorneys and third parties know exactly what is and isn’t authorised.
• Guidance on who to appoint and what powers to grant, balancing protection with your own independence.
• Consideration of the awkward scenarios — complicated family dynamics, business interests, second marriages, property held with others.
• Reduced risk of the LPA being challenged or invalidated because of an error or oversight.
• The registration handled for you, including submission to the Office of the Public Guardian.

For anyone with a more complex estate, or any concern about family disagreement, that expertise is worth considerably more than it costs.

How Much Does a Lasting Power of Attorney Cost?

We think you should be able to find this out before you pick up the phone, so here’s how our pricing works.

We provide a written fixed fee quotation before any work begins, based on what you need. The cost depends on whether you’re making one LPA or both, and whether you’re instructing us as an

individual or as a couple — couples making LPAs together are quoted at a combined rate rather than twice over.

Separately from our fees, the Office of the Public Guardian charges a registration fee for each LPA. Reductions and exemptions are available for people on a low income or in receipt of certain benefits. We’ll confirm the current fee and whether you’re likely to qualify for a reduction when we quote.

For current fee levels, please see our pricing page or contact the team — we’re happy to give you a figure over the phone.

Registering Your LPA

An LPA has to be registered with the Office of the Public Guardian before it can be used. An unregistered LPA has no legal effect, which catches families out surprisingly often.

Before registration, the LPA must be signed in a set order by you, your certificate provider — an independent person confirming you understand the document and aren’t being pressured into it — and your attorneys. The order matters, and getting it wrong means starting again.

Registration takes minimum of 6 weeks but a likely estimate is 2-4months, so it’s worth doing well ahead of any point at which the LPA might be needed. We’ll manage the process and confirm when your LPA is registered and ready.

Changing or Cancelling an LPA

An LPA isn’t set in stone. As long as you still have capacity, you can cancel it and make a new one — and it’s worth reviewing yours if an attorney dies, moves away, or is no longer someone you’d want acting for you, or if your own circumstances change significantly.

We can advise on revoking an existing LPA and putting a replacement in place, and can review an LPA prepared elsewhere if you’re uncertain whether it does what you intended.

Related Private Client Services

How Our Lasting Power of Attorney Solicitors Can Help

When you instruct us, we will:

• Start with a proper conversation. We’ll ask about your circumstances, your family and your concerns before we recommend anything.
• Advise on what your LPA should say. Which types you need, who to appoint, how they should act together, and what instructions or preferences to include.
• Prepare the documents accurately. Clear, precise wording that leaves no room for argument later.
• Arrange the signing correctly. Including the certificate provider requirement and the order in which signatures must be given.
• Register your LPA with the Office of the Public Guardian and confirm when it’s ready to use.
• Give you a written fixed fee quotation at the outset, so there are no surprises.
• Come to you if needed. We can offer home and hospital visits, and arrange independent interpreters where required.

 Why Choose TV Edwards?

• Specialist Private Client solicitors. Led by our Head of Private Client, with a team that prepares LPAs week in, week out.
• Advice, not just paperwork. We help you decide what your LPA should say — the part an online form can’t do.
• Transparent fixed fees. Written quotations before we begin.
• Experience with complicated situations. Business interests, blended families, substantial estates and the potential for disagreement between relatives.
• Legal 500 recognised. Part of a long-established London firm independently recognised for acting in clients’ best interests.
• Accessible support. Offices in Whitechapel and Clapham Junction with good transport links, plus home and hospital visits and interpreters where needed.
• A relationship, not a transaction. Many clients return to us for their Will, their family’s LPAs and beyond

Contact Our Solicitors Today

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