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A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. For many people, this is an important part of planning for the future, especially where there may be concerns about illness, age, care or the practical difficulty of managing affairs alone.
Putting a Power of Attorney in place gives you peace of mind that your finances, property, health and care can be managed by people you trust. It can also help your family avoid confusion, delay and unnecessary legal complications.
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Types of Powers of Attorney: OPA, EPA, LPA
There are different types of Power of Attorney, and the right option depends on your circumstances.
- An Ordinary Power of Attorney is generally used for temporary situations. For example, it may help if you are abroad, in hospital, or otherwise unable to deal with financial matters yourself for a period of time; however, it only works while you still have mental capacity.
- An Enduring Power of Attorney, or EPA, was the system used before Lasting Powers of Attorney were introduced. Although it is no longer possible to make a new EPA, an existing EPA may still be valid if it was signed before 1 October 2007. EPAs only cover property and financial affairs, not health and welfare decisions.
- A Lasting Power of Attorney (LPA) is now the main document for long-term planning. There are two types of LPA: one for property and financial affairs, and one for health and welfare. Provided it has been completed and registered correctly, an LPA can continue to be used if you lose mental capacity.
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Why Powers of Attorney Matter
Many people assume that their spouse, partner, or children will automatically be able to make decisions for them if they become unwell or lose capacity, but in practice, that is not usually the case.
A Lasting Power of Attorney (LPA) allows you to:
- choose who should act for you
- decide what powers they should have
- make arrangements for your finances, property, care and welfare
- reduce the risk of disputes or uncertainty
- avoid the need for a more costly and time-consuming court process later on
This is not just about later-life planning; an LPA can be important for anyone who wants to ensure their affairs can be managed if something unexpected happens.
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Lasting Powers of Attorney: Health and Finance
There are two separate types of LPA, and many people choose to put both in place, so they are fully covered should their circumstances suddenly change.
Property and Financial Affairs LPA
This allows your attorney to deal with matters such as:
- managing bank and building society accounts
- paying bills and household expenses
- dealing with pensions, benefits and tax matters
- buying, selling or managing property
- handling investments and other financial decisions
This type of LPA can usually be used once it has been registered, even while you still have capacity, unless you choose to restrict that.
Health and Welfare LPA
This allows your attorney to make decisions about your personal welfare if you lose mental capacity, including:
- medical treatment
- care arrangements
- daily routine and living arrangements
- moving into a care home
- decisions about life-sustaining treatment, if you choose to give that authority
Unlike a financial LPA, a Health and Welfare LPA can only be used once you no longer have the capacity to make those decisions yourself.
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Losing capacity without an LPA
If you lose capacity without a valid Lasting Power of Attorney, your family does not automatically have authority to deal with your affairs.
This can lead to delay, extra paperwork, additional cost and less control over who is able to act for you.
Planning ahead with an LPA helps you retain control over your future and reduces stress for those around you if your circumstances change.
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Choosing the right attorneys
One of the most important parts of making an LPA is deciding who you want to appoint. This should be someone you trust to act in your best interests and manage decisions responsibly.
Depending on your circumstances, you may choose:
- one attorney
- more than one attorney acting together
- more than one attorney acting together and independently
- different attorneys for different roles
You can also include guidance or restrictions, depending on how much flexibility or control you want to build in. For example, some people are comfortable allowing broad powers, while others want to limit decision-making in particular areas.
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How TLW Solicitors can help
At TLW Solicitors, we can help you put the right Powers of Attorney in place clearly and properly, so that your wishes are recorded, and your chosen attorneys can act when needed.
We can assist with:
- preparing Property and Financial Affairs LPAs
- preparing Health and Welfare LPAs
- advising on the differences between the two
- helping you choose attorneys and structure decision-making
- advising on restrictions, guidance and practical issues
- supporting registration through the Office of the Public Guardian
- advising on related matters such as Wills, Trusts and lifetime estate planning, Court of Protection issues and Deputyships
Our aim is to protect your interests and make future decisions easier for your loved ones.
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The cost of a Power of Attorney
In practice, many of those items will not be needed in your circumstances and will not be incurred. To make things clearer, we have set out below an example of the common LPA services we provide, and the likely costs involved.
Example: Mirror Wills with two Property and Financial Affairs LPAs
- If you and your spouse or partner would like simple mirror Wills, and in addition you would each like to put in place a Lasting Power of Attorney for Property and Financial Affairs, our fee for the mirror Wills would be from £340 plus VAT. Our fee for the two simple LPAs would be £600 plus VAT. This would mean a total cost of £940 plus VAT.
- Our cost for four simple Lasting Powers of Attorney will be £1,150 plus VAT.
If your circumstances are more complex, for example because of the value of your estate, the nature of your assets, or the way you would like attorneys to act, we will explain this clearly and confirm and agree any additional cost before the work begins.
Our full list of services and prices is available using the button below.
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Powers of Attorney FAQs
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What is the difference between an Ordinary Power of Attorney and a Lasting Power of Attorney?
An Ordinary Power of Attorney is usually a temporary arrangement for financial matters and only works while you still have mental capacity. A Lasting Power of Attorney is designed for longer-term protection and can continue if you lose mental capacity, as long as it has been properly registered with the Office of the Public Guardian.
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Do I need both types of Lasting Power of Attorney?
Many people choose to make both because they address different things. One covers property and finances, while the other covers health and welfare decisions, so having both can give more complete protection.
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When can a Property and Financial Affairs LPA be used?
It can usually be used as soon as it is registered, unless you choose to limit this. That means it can help not only if you lose capacity, but also if you are physically unable to manage your affairs yourself.
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When can a Health and Welfare LPA be used?
A Health and Welfare LPA can only be used if you lose the mental capacity to make those decisions yourself.
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Can I appoint more than one attorney?
Yes. You can appoint more than one attorney and decide whether they must act together, together and independently, or in a more tailored way, depending on the decision involved.
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Does my attorney have to live in the UK?
Not necessarily. Attorneys do not have to be UK residents or British citizens, although it is still important to choose someone suitable and practical for the role.
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What happens if I do not make a Lasting Power of Attorney?
If you lose capacity without an LPA, someone may need to apply to the Court of Protection to become your deputy. That process is usually more expensive, more complex and more time-consuming than putting an LPA in place in advance.
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Is an LPA valid as soon as I sign it?
No. A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used.
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Can I change or cancel my LPA later?
Yes, provided you still have mental capacity. An LPA can be changed or revoked while you remain capable of making that decision.
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What is the difference between an Ordinary Power of Attorney and a Lasting Power of Attorney?
Plan ahead with confidence
Arranging a Lasting Power of Attorney gives you peace of mind by securing your financial, health, and personal decisions. It ensures your chosen people, not the courts, act for you if your situation changes.
