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Power of Attorney Solicitors

Power of Attorney Solicitors

Put the right safeguards in place before they are needed. Our experienced power of attorney solicitors can help you prepare clear, legally sound documents so the people you trust can make important decisions if you are unable to. Call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation.

We advise individuals, couples and families on preparing, signing and registering Lasting Powers of Attorney, preparing Ordinary Powers of Attorney, and registering Enduring Powers of Attorney.

A Power of Attorney is a legal document that allows you to appoint one or more trusted people to make decisions on your behalf. This may be needed temporarily, for example if you are abroad or in hospital, or as part of longer-term planning in case you lose mental capacity through illness, injury or age-related conditions.

Our Private Client team, headed up by Meg Wilton, provides clear, practical and sensitive advice for clients who want to protect their future decision-making, plan ahead for later life, support a vulnerable family member or put robust legal arrangements in place before they are needed.

Our team can guide you through the entire process from initial instructions through to registration with the Office of the Public Guardian.

Experienced Power of Attorney Solicitors

Elite Law Solicitors has a dedicated Private Client team advising on Wills, estate planning, probate, trusts, Court of Protection applications and Lasting Powers of Attorney. The department’s work includes the preparation and registration of Lasting Powers of Attorney, registration of Enduring Powers of Attorney, revocation of LPAs and EPAs, General Powers of Attorney and Court of Protection applications.

Clients choose our power of attorney solicitors because we combine technical legal expertise with a personal, reassuring approach. We take the time to understand your circumstances, your family dynamics, your financial arrangements and your wishes before advising on the most appropriate type of Power of Attorney.

We advise clients across England and Wales from our office locations in Amersham, Bath, Brighton, Guildford, Hitchin, Leighton Buzzard, Central London, Milton Keynes, Southampton, Surbiton and Winchester. We also offer telephone and video appointments, allowing our LPA solicitors to assist you wherever you are based.

Book your free initial consultation by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

“The service provided by Meg at Elite Law was excellent. She came to us recommended and following our engagement and discussions regarding estate planning, wills and power of attorney (health and finance) I would not hesitate in recommending Meg. So much so that other members of my family have also engaged Meg with similar needs.”

What is a Lasting Power of Attorney?

A Lasting Power of Attorney, often referred to as an LPA, is a legal document that allows you to appoint one or more attorneys to make decisions on your behalf if you become unable to make those decisions yourself. A lasting power of attorney solicitor can help ensure the document is correctly prepared, properly signed, validly witnessed and registered with the Office of the Public Guardian.

There are two types of Lasting Power of Attorney: one covering Property and Financial Affairs, and one covering Health and Welfare. Each is a separate legal document and can appoint the same attorneys or different attorneys, depending on your wishes.

If you need support with LPA instructions, our team can explain the information required, help you decide who to appoint, and guide you through the decisions that need to be made before the document is finalised. You can also read our related guidance on LPA instructions.

Lasting Powers of Attorney must be signed in the correct order and witnessed properly. A certificate provider must also confirm that you understand the document and are not being pressured into making it. Our LPA solicitors can act as certificate provider where appropriate and help ensure the signing process is completed correctly.

Once signed, the LPA must be registered with the Office of the Public Guardian before it can be used. Because registration can take several weeks, we usually recommend registering the document as soon as it has been completed rather than waiting until it is urgently needed.

Once registration is complete, we can provide LPA copies and, where appropriate, store original documents safely.

Further information on Lasting Powers of Attorney

If you need further information on LPAs, you can read our complete guide on Lasting Powers of Attorney for more detailed guidance on how they work, why they are important, and the steps involved in putting them in place.

Why is a Lasting Power of Attorney important?

Many people assume that a spouse, civil partner or next of kin can automatically make financial, medical or welfare decisions for them if they lose capacity. This is not the case. Without a valid Power of Attorney, family members may be unable to access bank accounts, manage property, pay bills, sell assets, liaise with financial institutions or make certain welfare decisions.

If no Lasting Power of Attorney is in place and you lose mental capacity, someone may need to apply to the Court of Protection for a Deputyship Order. This can be more expensive, more time-consuming and more restrictive than putting an LPA in place while you still have capacity, and will mean you do not choose who will have the power to make decisions for you.

Our article on what happens if you lose mental capacity without a Lasting Power of Attorney explains the risks in more detail. We also explain why a Lasting Power of Attorney is not just for the elderly, as illness, accident or unexpected incapacity can affect people at any stage of life.

Putting an LPA in place gives you control over who should make decisions for you, how those decisions should be made and what guidance your attorneys should follow. It can also reduce uncertainty, stress and conflict for your family at an already difficult time.

Property and Financial Affairs Lasting Power of Attorney

A Property and Financial Affairs Lasting Power of Attorney allows your attorney to make decisions about your money, property and financial affairs. This can include managing bank accounts, paying household bills, dealing with pensions and benefits, speaking to utility providers, managing investments and handling property-related decisions.

Depending on the wording of the LPA, your attorney may also be able to make larger financial decisions, such as selling a property, managing rental income, dealing with savings or investments, or arranging payments for care. If you own a business, our LPA solicitors can advise whether additional provisions or a separate business Power of Attorney may be appropriate.

Modern estates can include complex assets, including digital assets, online accounts and crypto assets. Our guidance on Lasting Powers of Attorney and crypto assets explains why specialist advice may be important where your finances include non-traditional assets.

A Property and Financial Affairs LPA can usually be used with your consent while you still have capacity, as well as after you lose capacity. This can be useful where you want practical help with administration, travel frequently, are temporarily unwell or would like trusted support with financial management.

Health and Welfare Lasting Power of Attorney

A Health and Welfare Lasting Power of Attorney allows your attorneys to make decisions about your personal welfare if you lose mental capacity. Unlike a Property and Financial Affairs LPA, it can only be used when you are unable to make the relevant decision yourself.

This may include decisions about medical treatment, care arrangements, where you should live, day-to-day welfare, contact with others and, if you choose to grant authority, decisions about life-sustaining treatment.

Our lasting power of attorney solicitors can explain the implications of giving your attorneys authority over life-sustaining treatment and help you consider whether any preferences or instructions should be included to reflect your wishes clearly.

Health and Welfare LPAs are particularly important where you want someone you trust to speak on your behalf if you are unable to communicate your wishes. They can also help reduce uncertainty for medical professionals and family members when difficult decisions need to be made.

How Much Does a Lasting Power of Attorney Cost?

If you are researching the cost of an LPA or solicitors fees for a Lasting Power of Attorney, it is important to understand both the legal fee and the registration fee payable to the Office of the Public Guardian.

At Elite Law Solicitors, Lasting Powers of Attorney are usually prepared on a fixed-fee basis. Our LPA solicitor costs are explained clearly at the outset so you know what is included before any work is undertaken. Our process involves:

  • Taking detailed instructions from you
  • Advising on the most appropriate type of LPA
  • Explaining attorney appointment options and replacement attorney arrangements
  • Preparing bespoke LPA documents
  • Advising on preferences, instructions and practical safeguards
  • Arranging signing and witnessing
  • Acting as certificate provider where appropriate
  • Liaising with attorneys about signing requirements
  • Preparing and submitting registration applications
  • Providing certified or office copies where required

The Office of the Public Guardian registration fee is payable for each Lasting Power of Attorney. Some clients may qualify for a reduction or exemption depending on their financial circumstances or benefits entitlement.

Where you instruct us to prepare other Private Client documents at the same time, such as Wills or estate planning documents, we can discuss whether any fee reduction is available. Our aim is to provide a clear, transparent estimate of our fees and a service that gives long-term peace of mind.

Ordinary Powers of Attorney and Enduring Powers of Attorney

What Is an Ordinary Power of Attorney?

An Ordinary Power of Attorney allows someone to make decisions about your financial affairs for a limited period, while you still have mental capacity. It may be suitable if you are abroad, in hospital, recovering from illness or temporarily unable to deal with financial administration yourself.

What Is an Enduring Power of Attorney?

An Enduring Power of Attorney is an older form of Power of Attorney that was replaced by Lasting Powers of Attorney in October 2007. If an EPA was validly made before that date, it may still be effective, but it only covers property and financial affairs. Our Power of Attorney solicitors can advise on whether an existing EPA remains appropriate or whether a new LPA should be prepared.

Validity, Capacity and Registration of Lasting Powers of Attorney

You can only make a Lasting Power of Attorney if you have the mental capacity to understand the nature and effect of the document. If there is any doubt about capacity, medical evidence may be required. Our solicitors will also consider whether there is any sign of undue influence, pressure or coercion.

The registration process with the Office of the Public Guardian must be completed before a Lasting Power of Attorney can be used. This is one of the reasons many clients prefer to use LPA solicitors rather than attempting to prepare the documents alone, as mistakes can delay registration or create problems later.

If an Enduring Power of Attorney is already in place, it may need to be registered with the Office of the Public Guardian if the donor is becoming, or has become, mentally incapable. Our team can advise attorneys and families on the registration process and the practical responsibilities involved.

What happens if you do not have a Lasting Power of Attorney?

If you lose capacity without a valid LPA or EPA, your family may need to apply to the Court of Protection for a Deputyship Order. This can take months and may be more costly than preparing LPAs in advance. It can also mean that the person appointed to manage your affairs is not necessarily the person you would have chosen yourself. Our related articles on Deputyship and Lasting Power of Attorney and becoming a Deputy provide further guidance.

How our LPA Solicitors can help

Choosing who should act as your attorney is a significant decision. Our Power of Attorney solicitors will explain the legal responsibilities of attorneys, the advantages and disadvantages of different appointment structures, and the practical issues to consider before making your decision.

We can help you decide whether to make one or both types of Lasting Power of Attorney, whether to include specific instructions, whether business interests need separate consideration, and how your LPA should sit alongside your Will and wider estate planning arrangements.

Our team provides a complete service, from initial advice and document preparation to signing, witnessing, certification, registration and practical guidance after the LPA has been registered. We can also advise attorneys on their duties if they are asked to act.

Our previous Power of Attorney work includes:

  • Preparing Lasting Powers of Attorney with bespoke instructions and preferences tailored to the client’s circumstances.
  • Advising clients with urgent short-term needs where an Ordinary Power of Attorney and Lasting Power of Attorney may both be appropriate.
  • Reviewing existing Enduring Powers of Attorney and advising whether updated Lasting Powers of Attorney should be prepared.
  • Advising families where capacity issues, vulnerability or practical difficulties require careful handling.
  • Helping clients plan for future care, property management, financial administration and welfare decision-making.

Book your free initial consultation with one of our experienced Power of Attorney Solicitors by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.

Our Private Client department can also assist with a broad range of related legal matters, helping individuals and families plan for the future, protect assets, manage estate administration responsibilities and ensure their wishes are clearly documented. Whether you require support with succession planning, tax considerations, trust arrangements or making provision for loved ones, our team can provide clear, practical and personalised advice.

Local Power of Attorney Solicitors near you

Our power of attorney solicitors can assist you through our network of offices and remote appointment options.

We advise clients from our offices in Amersham, Bath, Brighton, Guildford, Hitchin, Leighton Buzzard, London, Milton Keynes, Surbiton, Whiteley and Winchester, as well as clients across the wider surrounding areas including Buckinghamshire, Hertfordshire, Bedfordshire, Surrey, Sussex, Hampshire and London.

Our flexible approach means you can access specialist LPA advice whether you prefer an office appointment, telephone consultation or video meeting. This is particularly helpful for families who live in different locations or need to coordinate discussions between attorneys.

Frequently Asked Questions about Lasting Power of Attorney Solicitors

Do I need a solicitor for a Lasting Power of Attorney?

You are not legally required to use a solicitor, but many people choose to instruct lasting power of attorney solicitors to reduce the risk of mistakes, delays or unclear wording. A solicitor can also provide advice on capacity, attorney appointments, instructions, preferences and registration.

How much do solicitors charge for Lasting Power of Attorney?

Solicitors fees for Lasting Power of Attorney vary depending on whether you need one LPA, two LPAs, or LPAs for a couple. At Elite Law Solicitors, we provide clear fixed-fee quotations wherever possible and explain any Office of the Public Guardian registration fees separately.

Can the same attorney deal with both finances and health decisions?

Yes, the same person can be appointed under both a Property and Financial Affairs LPA and a Health and Welfare LPA, provided you are comfortable with that arrangement. You can also appoint different attorneys for each document.

When should I make a Lasting Power of Attorney?

It is sensible to make a Lasting Power of Attorney while you are well and have full mental capacity. Waiting until there is an urgent need can create difficulties, particularly if capacity is already in doubt.

Can Elite Law Solicitors provide LPA copies?

Yes. Once your Lasting Power of Attorney has been completed and registered, we can advise on certified copies, office copies and safe storage of original documents where appropriate.

Speak to our Power of Attorney Solicitors

To discuss making or registering a Lasting Power of Attorney, making an Ordinary Power of Attorney or reviewing or registering an existing Enduring Power of Attorney, call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to arrange a free, no-obligation discussion with one of our experienced Power of Attorney solicitors.

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