Lasting Powers of Attorney Solicitors

Lasting Powers of Attorney Solicitors

Planning ahead can help protect you and your family

A Lasting Power of Attorney is one of the most important documents you can put in place to protect yourself and make things easier for the people you trust.

Many people assume that if they became unwell, had an accident or could no longer make decisions for themselves, their family would automatically be able to step in and help.

Unfortunately, this is not always the case.

Without a Lasting Power of Attorney in place, loved ones may find it difficult to access bank accounts, pay bills, manage property, speak to organisations or make certain decisions about care and medical treatment.

At Watkins Solicitors, our Powers of Attorney team provides clear, practical and supportive advice to help you prepare and register a Lasting Power of Attorney that reflects your wishes.

We advise clients across England and Wales, with offices in Bristol, Bath and Hereford. As a multi-award-winning law firm founded in 1998, Watkins Solicitors has built a strong reputation for providing clear, practical and supportive advice to individuals and families.

To speak to our team, please call 0117 939 0350 or email info@watkinssolicitors.co.uk.

Clear advice

Plain English guidance on the type of LPA and arrangements that suit you.

Supportive approach

Sensitive support when discussing capacity, illness and future decisions.

Established since 1998

An experienced, multi-award-winning law firm supporting individuals and families.

England and Wales

Advice for clients nationwide, with offices in Bristol, Bath and Hereford.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney, often called an LPA, is a legal document that allows you to appoint one or more trusted people to make decisions for you.

The donor and attorneys

The person making the LPA is called the donor.

The people appointed to act are called attorneys.

Your attorneys may be able to help you make decisions or make decisions on your behalf, depending on the type of LPA and your circumstances.

You choose who can help

An LPA can give you reassurance that, if you ever need support, the people helping you will be people you have chosen yourself.

You can decide who should act, which type of decisions they may make and whether more than one attorney should be appointed.

Making an LPA is not about giving up control. It is about making a clear plan while you are able to do so.

Why Family Cannot Always Automatically Help

Many people believe that their husband, wife, civil partner, adult children or next of kin would automatically be able to deal with everything if they lost mental capacity. In practice, family members may not have the legal authority they need.

Without an LPA, family may not be able to

  • Access your bank accounts
  • Pay bills from your account
  • Manage your savings, pensions or benefits
  • Deal with your property
  • Sell your home if needed
  • Speak to financial organisations on your behalf
  • Make certain care or medical decisions
  • Deal with practical arrangements quickly

Clear legal authority

This can create real difficulty for families, especially where decisions need to be made urgently or where bills, care fees or property matters need to be dealt with.

Making an LPA gives your chosen attorneys clear legal authority to help when needed.

Why You Must Make an LPA While You Still Have Capacity

An LPA can only be made while you still have mental capacity

You must be able to understand what the document does, who you are appointing and what powers you are giving.

If someone has already lost capacity, they cannot make an LPA. Their family may need to apply to the Court of Protection for a Deputyship Order instead.

This can take longer, cost more and involve more ongoing administration than putting an LPA in place in advance.

This is why early planning is so important.

The Two Types of Lasting Power of Attorney

You can choose to make one type or both. Many people choose to make both so that trusted people can help with both financial and welfare decisions if needed.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA allows your attorney to help with money, property and financial matters.

  • Managing bank or building society accounts
  • Paying bills
  • Collecting pensions or benefits
  • Managing savings or investments
  • Dealing with tax or financial paperwork
  • Managing property or selling your home if needed
  • Arranging payment of care fees

A Property and Financial Affairs LPA can be used once it has been registered, with your permission. It can also be used if you later lose capacity.

Health and Welfare LPA

A Health and Welfare LPA allows your attorney to make decisions about your care, medical treatment and personal welfare if you are unable to make those decisions yourself.

  • Medical care and treatment
  • Care arrangements or moving into a care home
  • Daily routine, washing, dressing and eating
  • Contact with other people
  • Where you should live
  • Life-sustaining treatment, if you choose to give this authority

A Health and Welfare LPA can only be used when you are unable to make the relevant decision yourself.

A Property and Financial Affairs LPA may also help where you still have capacity but need practical support because of illness, mobility issues, hospital admission or time spent abroad.

Who Should Consider Making an LPA?

An LPA can be useful for many people, not only those who are elderly or unwell. Unexpected illness, injury or loss of capacity can happen at any adult age.

You own property

Plan who could manage or deal with your property if support is needed.

You have savings, pensions or investments

Choose who could deal with accounts, bills and financial paperwork.

You run a business

Consider who could deal with financial or practical business matters.

You have children or dependants

Make future arrangements clearer for the people who rely on you.

You have a medical diagnosis

Seek advice while you can still understand and choose your arrangements.

You want to choose who makes decisions

Appoint trusted people rather than leaving your family without authority.

You want to make things easier for family

Clear legal authority can reduce uncertainty and delay.

You want to avoid a future court application

Advance planning may avoid the need for Deputyship where possible.

You are helping an elderly parent

Early advice can help a parent make their own arrangements while they have capacity.

Helping a Parent Make a Lasting Power of Attorney

Supporting a parent to plan ahead

Many people looking for advice about LPAs are adult children who are worried about a parent who is becoming more forgetful, finding paperwork difficult, struggling to manage money or has recently been diagnosed with dementia or another condition.

You can help your parent arrange an LPA, but you cannot make one for them.

Your parent must choose to make the LPA themselves and must have mental capacity at the time the document is made.

You can support them by helping arrange an appointment, talking through practical concerns and gathering the information needed.

What if capacity is already in doubt?

A diagnosis of dementia or another condition does not automatically mean someone lacks capacity to make an LPA.

Capacity is decision-specific. A person may be able to make some decisions but not others.

If there are concerns about capacity, it is important to seek legal advice as soon as possible. Further evidence or professional input may be needed.

If the person no longer has capacity to make an LPA, a Court of Protection application may need to be considered instead.

Choosing Attorneys

Choosing attorneys is one of the most important parts of making an LPA. Your attorney should be someone you trust completely.

Who you may appoint

You may choose a spouse or civil partner, an adult child, another family member, a close friend or a professional attorney.

You can appoint more than one attorney and also name replacement attorneys.

Trustworthiness

Your attorneys should be trustworthy, organised, reliable and willing to take on the role.

They should understand your wishes and be likely to act in your best interests.

Decision-making ability

Consider whether the person can make calm decisions and deal confidently with practical matters.

They may need to communicate with banks, care providers, professionals or other organisations.

Working with other attorneys

Where more than one attorney is appointed, consider whether they can communicate and work well together.

It is sensible to speak to proposed attorneys before making the LPA.

Should Attorneys Act Together or Separately?

Acting jointly

Attorneys appointed jointly must make decisions together.

This can provide more oversight, but it may make day-to-day decisions more difficult if one attorney is unavailable.

Acting jointly and severally

Attorneys appointed jointly and severally can make decisions together or separately.

This can be more practical, but it is important to choose people who can be trusted to act responsibly.

Legal advice can help you decide which arrangement is most suitable for your circumstances.

Registering a Lasting Power of Attorney

An LPA must be registered with the Office of the Public Guardian before it can be used. The process can take several weeks, particularly if there are errors or missing information.

When a registered LPA can be used

A Property and Financial Affairs LPA can be used once registered, with your permission.

A Health and Welfare LPA can only be used when you are unable to make the relevant decision yourself.

This is why it is sensible to prepare and register LPAs before they are urgently needed.

Common LPA mistakes

  • Signing the documents in the wrong order
  • Missing signatures or incorrect witness details
  • Names or addresses being entered incorrectly
  • Unclear instructions
  • Appointing attorneys in a way that does not work practically
  • Not appointing replacement attorneys where helpful
  • Not understanding preferences and instructions
  • Leaving the LPA until capacity is already in doubt
  • Using a DIY form without understanding the long-term consequences

A solicitor can help reduce the risk of mistakes and make sure the document reflects your wishes clearly.

What Happens If There Is No LPA?

Family members may not have authority to deal with important matters

For financial decisions, it may be necessary to apply to the Court of Protection for a Deputyship Order.

A deputy is appointed by the court to make decisions on behalf of someone who lacks capacity.

Families may face delay, additional cost and ongoing reporting or supervision requirements.

For health and welfare decisions, professionals may make decisions in the person’s best interests, but family members may not have the same legal authority as they would under a Health and Welfare LPA.

Planning ahead can make future decisions easier

Our team can explain the two types of LPA, help you choose suitable attorneys and prepare the documents so your wishes are clearly recorded.

Helping Families Across England and Wales

Watkins Solicitors advises individuals and families across England and Wales, with offices in Bristol, Bath and Hereford.

We understand that conversations about capacity, illness and future planning can feel personal and sometimes emotional. Our approach is warm, clear and practical.

We take the time to understand your circumstances, explain your options in plain English and help you put the right arrangements in place.

Whether you are making an LPA for yourself, helping a parent plan ahead or concerned that a loved one may already be losing capacity, our team can help.

Why Choose Watkins Solicitors?

Watkins Solicitors is a multi-award-winning law firm with more than 50 staff across offices in Bristol, Bath and Hereford. Founded in 1998, the firm has built a strong reputation for clear, practical and client-focused advice.

Our team understands that Lasting Powers of Attorney are about much more than forms. They are about protecting your future, making your wishes clear and ensuring the people you trust can support you if needed.

We provide supportive advice tailored to your circumstances, helping you make informed decisions with confidence.

How the Process Works

We will guide you through each stage and explain what is needed in clear, practical terms.

1

Initial enquiry

Contact us by phone or email. We will take some initial details and discuss the support you need.

2

Understanding your circumstances

We will discuss your family, attorneys, health, welfare, finances and practical concerns.

3

Clear advice

We will explain the two types of LPA, attorney arrangements, replacements and registration.

4

Preparing your LPA

Once we have your instructions, we will prepare the relevant documents and explain them clearly.

5

Signing and registration

We will guide you through signing and help with registration through the Office of the Public Guardian.

6

Keeping it under review

We can advise if your attorneys’ circumstances or your wishes change in the future.

Frequently Asked Questions

Select any question below to read the answer. More than one answer can remain open at the same time.

A Lasting Power of Attorney is a legal document that allows you to appoint trusted people to help make decisions or make decisions on your behalf if you are unable to make them yourself.

Yes, an LPA can still be useful. Unexpected illness or injury can happen at any age. Making an LPA early means arrangements are already in place if they are ever needed.

Not always. Even close family members may not automatically have authority to manage your finances or make certain decisions. An LPA gives chosen people legal authority to act.

The two types are Property and Financial Affairs LPA and Health and Welfare LPA. You can make one or both.

Many people choose to make both so trusted people can help with both financial and welfare decisions if needed.

It can be used once it has been registered, with your permission. It can also be used if you later lose capacity.

A Health and Welfare LPA can only be used when you are unable to make the relevant decision yourself.

You can help your parent make an LPA, but you cannot make one for them. Your parent must have mental capacity and must choose to make the document themselves.

If your parent has already lost capacity, they cannot make an LPA. It may be necessary to apply to the Court of Protection for a Deputyship Order.

You should choose someone you trust completely, who is reliable, organised, willing to act and able to make decisions in your best interests.

Yes. You can appoint more than one attorney and decide whether they should act together, separately, or both together and separately depending on the decision.

A replacement attorney is someone who can step in if one of your original attorneys can no longer act.

Yes. An LPA must be registered with the Office of the Public Guardian before it can be used.

Mistakes can delay registration or cause practical problems later. Legal advice can help ensure the document is prepared and signed correctly.

The cost will depend on the documents required and your circumstances. We can discuss this with you at the outset so you understand the likely costs before proceeding.

Contact Our Lasting Power of Attorney Solicitors

If you would like advice about making a Lasting Power of Attorney, helping a parent plan ahead or understanding what to do where someone may already have lost capacity, please contact our friendly team.

We advise clients across England and Wales, with offices in Bristol, Bath and Hereford.

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