What Is the Process for Putting in Place Lasting Powers of Attorney?

There are two different types of LPAs; one enables you to nominate someone to manage your property and financial affairs and the other to make decisions relating to your health and welfare. We strongly recommend putting in place both.

You may choose the same attorneys for both, but each requires a separate Lasting Power of Attorney to be set up.

You can only put in place your LPAs while you have mental capacity, which is why we encourage all adults not to delay doing so.

To make your LPAs you will need to make an appointment with one of our Lasting Power of Attorney Solicitors who can advise you on the options available and take instructions from you.

Your Lasting Power of Attorney solicitor will draft your LPAs for you. Once you have read through the LPAs and approved them, they must be signed. This is a very important step that must be carried out properly and in a certain order, to ensure they are valid.

Once completed, we will register your Lasting Powers of Attorney with the Office of the Public Guardian, so that they are ready for use as soon as they are needed. Your health and welfare Lasting Power of Attorney can only be used if you lose mental capacity. However, your property and financial Lasting Power of Attorney can be used at any time, with your consent. For example, if you were abroad and needed your attorney to manage your finances in your absence, your property and financial LPA allows you to do this.

Further details about the process for putting in place a Lasting Power of Attorney is available in our step-by-step guide.