Lasting Powers of Attorney

Lasting Powers of Attorney

At Franklins Solicitors, we help individuals and families create LPAs that provide reassurance, protect their interests, and reduce the burden on loved ones during times of uncertainty.

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What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that enables a person to authorise one or more people to act on their behalf. There are two types of LPA, each dealing with a different area of your life:

A Property and Financial Affairs LPA allows your attorneys to manage your money, property, and financial matters. This might include paying bills, managing bank accounts, or selling a property.
A Health and Welfare LPA gives your attorneys the authority to make decisions about your daily care, living arrangements, and medical treatment — but only if you lose the ability to make those decisions yourself.

Both types of LPA must be registered with the Office of the Public Guardian (OPG) before they can be used. The Property and Financial Affairs LPA can be used with your consent while you still have mental capacity, whereas the Health and Welfare LPA is only valid when you are no longer able to make decisions yourself.

Why Is an LPA So Important?

Many people assume that a spouse or close family member would automatically be allowed to make decisions if they became unable to do so, but legally, this is not the case. Without an LPA in place, your loved ones would need to apply to the Court of Protection for the appointment of a Deputy – a process that can be lengthy and emotionally draining.

By creating and registering an LPA in advance, you avoid these complications. You maintain control over who acts on your behalf, and your chosen attorneys will have clear legal authority to act in your best interests without delay.

This simple step provides certainty not just for you, but also for those around you, at a time when clear direction and trust is essential.

How Franklins Solicitors Can Support You

If you are concerned about the potential loss of mental capacity in later life, we can also advise you on making a Lasting Power of Attorney or explore matters relating to the Court of Protection. These steps can help ensure that your affairs are managed according to your wishes, even if you’re no longer able to make decisions for yourself.

We also support families who are managing a loved one’s estate after death. Our experienced Probate team can offer practical guidance and full estate administration services during what is often a very difficult time.

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How Franklins Solicitors Can Support You

Our experienced private client solicitors offer clear, practical advice tailored to your individual circumstances. Whether you’re setting up an LPA for the first time or reviewing your existing arrangements, we guide you through every step.

We offer:

Personalised Consultations

To understand your wishes and help you appoint the right attorneys

Expert Drafting and Registration

Of your LPAs to ensure legal compliance and avoid errors

Advice on Preferences and Restrictions

To align the document with your values

Ongoing Support

Should you need to update or revoke an LPA in the future

Lasting power of attorney

FAQs

When does a Lasting Power of Attorney end?2025-08-21T16:33:25+01:00

An LPA ends automatically if the donor dies or if they revoke it while they still have mental capacity. It can also be cancelled by the Court of Protection under certain circumstances.

Can an attorney use the LPA for personal benefit?2025-08-21T16:33:44+01:00

No. Attorneys must always act in the best interests of the donor. They cannot use the LPA to benefit themselves unless this has been clearly authorised in the document.

When can a Health and Welfare LPA be used?2025-08-21T16:34:37+01:00

A Health and Welfare LPA can only be used once the donor has lost mental capacity. It cannot be used while the donor is still capable of making their own decisions.

Can a mistake in an LPA be corrected?2025-08-21T16:35:24+01:00

Minor errors can sometimes be corrected before registration. However, in most cases, it’s safer and more effective to create and register a new LPA to avoid future complications.

Can I have more than one LPA?2025-08-21T16:36:48+01:00

Yes. You can make both a Property and Financial Affairs LPA and a Health and Welfare LPA — and many people do. You can also appoint different attorneys for each if you wish.

Can an attorney make decisions about trusts?2025-08-21T16:36:28+01:00

Attorneys cannot automatically make trustee decisions on behalf of the donor. A separate court application or specific clause is usually needed to authorise this kind of power.

Are there limits to what attorneys can do?2025-08-21T16:36:04+01:00

Attorneys must follow the instructions and restrictions set out in the LPA. If no limits are specified, they have wide powers — but must always act lawfully, responsibly, and in the donor’s best interests.

Who can cancel a Lasting Power of Attorney?2025-08-21T16:35:43+01:00

The donor can cancel the LPA at any time, as long as they still have mental capacity. The Court of Protection can also cancel an LPA if an attorney is acting improperly or the arrangement is no longer in the donor’s best interests.

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