Unlike a Will, a Lasting Power of Attorney (LPA) is a vital legal document that protects your best interests while you’re still alive. Without one, your loved ones will need to apply to the Court of Protection if you lose mental capacity, which can be a time-consuming and expensive process during an already stressful time.
Instead, work with our trusted Lasting Power of Attorney solicitors to draft your own LPA in case you lose capacity down the line. It’s often a very straightforward process that can save you a lot of uncertainty and hassle as you age – providing peace of mind for you and your loved ones indefinitely.
With any kind of Lasting Power of Attorney, you’re assigning a solicitor, family member, or a combination of both to make decisions on your behalf if you lose capacity to do so. There are two main types of LPA, however, which focus on different areas of your life:
It’s a good idea to draft both types of LPA, if you currently have neither. A Property & Finance LPA doesn’t cross over with a Health & Welfare LPA (and vice versa), meaning that your nominated representative won’t be able to assist with one area just because they’ve been named in the other.
Making sure that your Lasting Power of Attorney is correctly drafted can save a lot of stress down the line. You don’t want to be wondering whether you’re protected, and you definitely don’t want to leave the anxieties to your family if you begin to lose mental capacity.
Our LPA solicitors take time to understand your circumstances and talk you through the process in simple terms, so that you understand everything that’s being included. As a result, our clients choose us to help them through this period due to:
The process of registering your Lasting Power of Attorney is very straightforward, and we’ll talk you through each stage so that you have full awareness of what’s happening next. Although each LPA is highly tailored to the individual, registering your document looks something like this:
First, you’ll meet with our LPA solicitors and talk through the kind of LPA that you would like, and what it needs to include. This initial consultation can take place at any of our offices (Colchester, Manningtree or Frinton) or we can conduct this virtually to suit your schedule.
Next, you’ll need to decide who you’re appointing as your attorney. This will typically be your solicitor, but you can also choose to nominate family members or trusted friends. It’s also possible to appoint multiple individuals, and we can walk you through what this means if it comes time to activate the document.
Once your attorney has been decided, we'll work with you to draft the LPA with stringent legal wording that protects your best interests at all times, should it need to be used. This will also determine when your LPA comes into effect, as it can be activated prior to you losing capacity if this is required.
Now that your LPA has been drafted, the final step is to register it with the Office of the Public Guardian. This certifies your LPA, so that it’s legally binding and can be used if you lose capacity.
Don’t wait until it’s too late to create a Lasting Power of Attorney. Work with our LPA solicitors to draft yours today, and protect your best interests if you lose capacity down the line.
To get started, contact us on 01206 20733733, or complete our enquiry form below to hear from a member of our team. We’ll take the time to understand what kind of LPA you’re looking for, and help you to draft a document that encapsulates everything you need to.
A Property and Financial Affairs LPA allows your chosen attorney to manage money, pay bills, handle pensions, and sell property. It can be used as soon as it is registered (with your permission) or only if you lose capacity.
A Health and Welfare LPA covers decisions about your daily routine, medical treatments, care home arrangements, and life-sustaining treatment. Crucially, this type of LPA can only be used if you lack the mental capacity to make those decisions yourself.
While you can complete the government forms independently, managing the legal requirements can be complex. Errors or ambiguous wording can lead to the Office of the Public Guardian rejecting your application, causing delays and extra costs.
Working with an experienced LPA solicitor ensures your wishes are drafted clearly and legally binding, which protects your assets and wellbeing if you lose capacity.
Once the forms are signed, witnessed, and submitted, registration with the Office of the Public Guardian (OPG) typically takes 3 to 4 months.
Because an LPA cannot be legally used until it is registered by the OPG, it is essential to set one up well before it is needed. If mental capacity is lost before an LPA is registered, your family would instead have to apply to the Court of Protection, which is significantly more expensive and time-consuming.
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