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Lasting Powers of Attorney

Planning for the future is essential, especially when it comes to ensuring your financial and personal affairs are managed by someone you trust if you are unable to make decisions for yourself. A Lasting Power of Attorney (LPA) allows you to appoint someone to act on your behalf should you lose mental capacity due to illness, injury, or age-related conditions such as dementia.

At HM & Co. Solicitors, we specialise in guiding individuals and families through the process of creating, registering, and managing Lasting Powers of Attorney, ensuring their wishes are protected and legally recognised.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more individuals (your attorneys) to make decisions on your behalf should you become unable to do so yourself. There are two types of LPAs:

  • Property and Financial Affairs LPA – Covers financial decisions such as managing bank accounts, paying bills, and selling property.
  • Health and Welfare LPA – Covers personal decisions, including medical treatment, care arrangements, and life-sustaining treatment.

If you do not have an LPA in place and become unable to make decisions, an application must be made to the Court of Protection to appoint a deputy, which can be time-consuming and expensive.

How We Can Help

At HM & Co. Solicitors, we offer a clear, pragmatic approach, ensuring our clients fully understand the process. We provide:

  • Personalised service – You will be assigned a dedicated solicitor to guide you from start to finish.
  • Plain English summaries – Ensuring you and your attorneys fully understand the documents.
  • Specialist advice – Including guidance on complex financial and health-related decisions.

The Process: How to Set Up a Lasting Power of Attorney

We follow a structured six-step process to ensure your LPA is correctly drafted and registered:

Step 1: Initial Meeting

We will discuss your wishes, personal circumstances, and financial position, explaining the different types of LPAs available.

Meetings can be held at:

  • Our offices
  • Your home
  • Online (via video call)
  • By telephone

Step 2: Confirming Instructions

You will receive a summary of your instructions along with our engagement documents outlining the costs and expected timeframes.

Documents can be provided by:

  • Post
  • Secure online portal

Step 3: Drafting the LPA

We will draft your Lasting Power of Attorney along with a plain English summary for your review. You can either:

  • Meet with us to review the document, or
  • Receive it via post or online portal.

Step 4: Signing the LPA

Once you approve the draft, we will prepare the final version for signing.

  • A Certificate Provider (usually us) will confirm you have the mental capacity to sign the LPA.
  • Your attorneys will also need to sign the document.

Step 5: Registering the LPA (Optional at this stage)

Your LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration is not compulsory unless you lose mental capacity, but it is recommended to avoid delays.

If you choose to register now, we will submit the necessary documents.

Step 6: Finalisation

Once signed and registered (if applicable), we will discuss:

  • Storage options (you may keep the original LPA or store it safely with us).
  • Providing certified copies for your attorneys.

Who Can Benefit from an LPA?

Vulnerable Individuals

We provide a sensitive and empathetic service for:

  • Elderly individuals
  • Adults with learning disabilities or autism
  • Those diagnosed with dementia, Alzheimer’s, or other capacity-affecting illnesses

A person can still create an LPA even if diagnosed with an illness—we will assess their mental capacity and advise accordingly.

Business Owners

Business owners may require separate LPAs for:

  • Personal Finances
  • Business Affairs

We work with specialist business solicitors to ensure LPAs do not conflict with company structures or shareholder agreements.

How Much Does It Cost?

ServiceFee (Excluding VAT)Additional Information
Basic Will£250Starting price; contact us for bespoke requirements.
Will Appointment Payment-on-Account£100Required when booking an appointment; deducted from final bill if Will is made.
Lasting Power of Attorney (LPA)£250Starting price; contact us for bespoke requirements.
LPA Appointment Payment-on-Account£100Required when booking an appointment; deducted from final bill if LPA is made.
General Advice£250Fixed fee for a 30-minute appointment and follow-up advice letter; payment required in advance.

Note: Additional legal review of company articles or partnership agreements may be required for business LPAs.

How Long Does It Take?

  • LPA creation: 4-6 weeks
  • LPA registration: The Office of the Public Guardian (OPG) takes approximately 20 weeks, meaning the full process may take up to 6 months if you choose to register immediately.

In urgent cases, we can complete LPAs on the same day if required.

Why Choose HM & Co. Solicitors?

✔ Expertise – Our solicitors specialise in LPAs, Court of Protection applications, and estate planning.
✔ Personalised Service – A dedicated solicitor will guide you through every step.
✔ Convenient Meetings – We can meet you at home, in our office, or online.
✔ Comprehensive Advice – Ensuring your LPA reflects your exact wishes.

Contact HM & Co. Solicitors Today

If you’re considering a Lasting Power of Attorney, we’re here to help you secure peace of mind for the future.

Let HM & Co. Solicitors guide you through the process with ease and professionalism. Contact us today to schedule your consultation.

Your Questions, Answered

FAQs

Lasting Power of Attorney (LPA) FAQs

1. What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint a trusted person (your attorney) to make decisions on your behalf if you become unable to do so due to illness, accident, or old age.

There are two types of LPAs:

  • Property and Financial Affairs LPA – Covers managing finances, paying bills, and selling property.
  • Health and Welfare LPA – Covers medical care, living arrangements, and life-sustaining treatment decisions.

2. Why do I need an LPA?

An LPA ensures that someone you trust will manage your affairs if you lose mental capacity. Without an LPA:

  • Your loved ones would need to apply to the Court of Protection for a deputyship order, which is costly and time-consuming.
  • A court-appointed deputy (who may not be your chosen person) will make decisions for you.

By setting up an LPA, you remain in control by choosing your attorneys in advance.

3. Who can I appoint as my attorney?

You can appoint:

  • A family member (e.g., spouse, adult children, or sibling).
  • A trusted friend.
  • A professional solicitor or accountant (if managing financial matters).

Your attorney should be someone you trust, as they will have decision-making authority on your behalf.

4. Can I have more than one attorney?

Yes, you can appoint multiple attorneys. You can also decide how they will act:

  • Jointly – They must make all decisions together.
  • Jointly and Severally – They can make decisions either together or independently.
  • For different matters – You can assign one attorney to handle finances and another to manage health decisions.

5. What happens if I don’t have an LPA and lose capacity?

If you lose mental capacity without an LPA in place:

  • Your family will need to apply to the Court of Protection to appoint a deputy.
  • The process can take 6–12 months and is significantly more expensive than setting up an LPA in advance.
  • The appointed deputy may not be the person you would have chosen.

Setting up an LPA ensures that you remain in control of who manages your affairs.

6. How long does it take to set up an LPA?

  • Drafting an LPA typically takes 4–6 weeks.
  • Registering an LPA with the Office of the Public Guardian (OPG) takes approximately 20 weeks.

If you require an urgent LPA, we can arrange same-day completion where necessary.

7. Do I need to register my LPA immediately?

No, but it is highly recommended.

  • You can prepare an LPA and register it later, but it cannot be used until registered with the OPG.
  • If you wait until you lose capacity, your attorneys will face long delays before they can act.

Registering early ensures your LPA is ready when needed.

8. Can I still make an LPA if I have been diagnosed with dementia or another illness?

Yes, but you must still have sufficient mental capacity to understand the document and make decisions.

  • Our solicitors will assess your capacity and, if needed, obtain a medical opinion to confirm that you are able to make an LPA.

Even if diagnosed with dementia, Alzheimer’s, or another cognitive illness, you may still be eligible to create an LPA in the early stages of the condition.

9. Can business owners create a separate LPA for their company?

Yes. Business owners can set up a Business Lasting Power of Attorney, which allows a designated attorney to manage business affairs if they are unable to do so.

This ensures:

  • Business continuity in case of incapacity.
  • No legal complications with decision-making authority.

We work with specialist business solicitors to ensure your LPA aligns with company articles and shareholder agreements.

10. What is the process for setting up an LPA?

The six-step process for setting up an LPA with HM & Co. Solicitors:

  1. Initial Meeting – Discuss your needs, personal circumstances, and financial position.
  2. Confirm Instructions – You receive a written summary and cost breakdown.
  3. Drafting the LPA – We provide a draft for review.
  4. Signing the LPA – You and your attorneys sign the documents with a Certificate Provider confirming mental capacity.
  5. Registering the LPA (Optional but recommended) – The OPG processes registration (20 weeks).
  6. Finalisation – Discuss storage options and provide certified copies for attorneys.

11. How much does an LPA cost?

Service Fee (Excluding VAT) Additional Information
Basic Will £250 Starting price; contact us for bespoke requirements.
Will Appointment Payment-on-Account £100 Required when booking an appointment; deducted from final bill if Will is made.
Lasting Power of Attorney (LPA) £250 Starting price; contact us for bespoke requirements.
LPA Appointment Payment-on-Account £100 Required when booking an appointment; deducted from final bill if LPA is made.
General Advice £250 Fixed fee for a 30-minute appointment and follow-up advice letter; payment required in advance.

Additional costs may apply if reviewing business agreements or company articles.

12. Where should I store my LPA?

You can store your original LPA:

  • At home – In a safe place.
  • With your solicitor – We can securely store your LPA and provide certified copies upon request.
  • With your attorneys – You may wish to give copies to your appointed attorneys.

13. Can I change my LPA after it has been registered?

You cannot amend a registered LPA, but you can:

  • Create a new LPA if your wishes change.
  • Revoke your LPA and appoint new attorneys.

If your circumstances change, contact us to discuss your options.

14. What if my attorney is no longer able to act?

If an attorney:

  • Loses mental capacity,
  • Resigns, or
  • Passes away,

You must appoint a replacement attorney in advance to ensure continuity. If no replacement is named, a new LPA may be required.

15. How do I get started?

Setting up an LPA is straightforward with HM & Co. Solicitors. Contact us to schedule a consultation:

We’ll guide you through the process, ensuring your wishes are legally protected. Get in touch today!

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I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha. This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding. I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings. If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha. Thank you again for all your help and support!
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Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
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HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
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