Lasting Power of Attorney & Court of Protection Lawyers in London

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Planning for the future is essential, particularly when it comes to ensuring that your financial affairs and personal welfare are managed according to your wishes. A Lasting Power of Attorney (LPA) allows you to appoint a trusted individual to make decisions on your behalf should you lose mental capacity in the future.

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At Evalen Law, our experienced solicitors can guide you through the LPA process, ensuring it is legally compliant and tailored to your needs.

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What is a Lasting Power of Attorney (LPA)?

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A Lasting Power of Attorney (LPA) is a legally binding document that enables you (the donor) to appoint one or more trusted individuals (attorneys) to manage your financial affairs and/or healthcare decisions if you become unable to do so yourself.

 

LPAs replaced Enduring Powers of Attorney (EPA) in 2007, offering greater protection and flexibility in safeguarding your interests.

 

Types of LPA

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There are two types of LPAs, and you may choose to create one or both depending on your circumstances:

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Property and Financial Affairs LPA

• Enables your attorney(s) to manage your finances, property, and investments

• Can be used both when you have capacity (with your consent) and if you lose capacity

• Covers tasks such as paying bills, managing bank accounts, selling property, or handling pensions

 

​Health and Welfare LPA

• Allows your attorney(s) to make decisions about your medical treatment, living arrangements, and day-to-day care

• Only comes into effect if you lose mental capacity

• Can include instructions on life-sustaining treatment preferences

 

Registering an LPA

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For an LPA to be legally valid, it must be:

• Completed and signed by the donor, attorneys, and a witness

• Certified by an independent third party (certificate provider) to confirm:

  • The donor understands the LPA’s purpose and implications

  • The donor has not been pressured into creating the LPA

  • There are no concerns about fraud or undue influence

• Registered with the Office of the Public Guardian (OPG) before it can be used

 

Registration with the OPG can take up to 20 weeks, so early planning is advisable.

 

Why Create a Lasting Power of Attorney?

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• Avoid Court of Protection delays – Without an LPA, loved ones may need to apply for a Deputyship Order, which is costly and time-consuming.

• Ensure trusted individuals make decisions for you – Without an LPA, decisions may be made by social services, medical professionals, or the courts, rather than by family members or close friends.

• Reduce stress for loved ones – An LPA provides clear legal authority, preventing disputes over who should act on your behalf

• Plan for unexpected events – Accidents, illness, or conditions such as dementia can arise at any time. An LPA provides peace of mind and legal protection.

 

Court of Protection & Deputyship

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If someone loses mental capacity without an LPA in place, their loved ones may need to apply to the Court of Protection for a Deputyship Order to manage their affairs. This process is:

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• Lengthy – Can take up to 12 months

• Expensive – Involves court fees, ongoing supervision costs, and legal expenses

• Restrictive – Deputies must report to the Court of Protection regularly

 

At Evalen Law, we assist families in obtaining Deputyship Orders and navigating Court of Protection matters when an LPA has not been set up in advance.

 

How We Can Help

 

At Evalen Law, we offer expert guidance on:

• Drafting and registering Lasting Powers of Attorney

• Acting as certificate providers to ensure LPAs are legally valid

• Advising on attorney responsibilities and legal obligations

• Assisting with Court of Protection and Deputyship applications if an LPA is not in place

 

Contact us today for professional advice on safeguarding your future.

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