Skip to main content

Lasting Powers of Attorney Solicitors

Protect your future by ensuring the people you trust can make important decisions on your behalf if you are no longer able to do so yourself.

Many people assume that their spouse, partner or children will automatically be able to deal with their finances or make decisions on their behalf if they become unable to do so themselves. Unfortunately, this is not the case.

A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make important decisions on your behalf should illness, injury or loss of mental capacity prevent you from managing your own affairs.

At Eaton Smith Solicitors, our Private Client team can advise you on putting the right arrangements in place, giving you and your family greater certainty and peace of mind for the future.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint one or more individuals (known as attorneys) to make decisions on your behalf if you are unable to do so yourself. Putting an LPA in place can help ensure your wishes are respected and avoid the need for loved ones to apply to the Court of Protection to manage your affairs. An LPA can only be made whilst you have the mental capacity to understand and approve the arrangements.

Why Should You Have a Lasting Power of Attorney?

Many people assume LPAs are only necessary later in life. In reality, illness, accidents and unexpected life events can affect anyone at any age.

Having an LPA in place can:

  • Ensure someone you trust can act on your behalf
  • Help avoid delays and complications
  • Reduce stress for family members
  • Provide clarity regarding your wishes
  • Avoid the need for costly Court of Protection applications

Types of Power of Attorney

Property and Financial Affairs LPA

This allows your chosen attorney to help manage matters such as:

  • Bank and building society accounts
  • Paying bills
  • Managing investments
  • Buying or selling property
  • Pension and benefits matter
  • Day-to-day financial decisions

This type of LPA can be used whilst you still have capacity if you choose, provided it has been registered.

Health and Welfare LPA

This allows your attorney to make decisions regarding:

  • Medical treatment
  • Care arrangements
  • Living arrangements
  • Daily care needs
  • Life-sustaining treatment decisions (if authorised)

This LPA can only be used once you have lost the capacity to make these decisions yourself.

Who Should You Appoint as Your Attorney?

Your attorney should be someone you trust completely to act in your best interests.

Many people choose:

  • A spouse or partner                                                                                                                                                                                                                 
  • An adult child
  • A close family member
  • A trusted friend
  • You can appoint more than one attorney and decide whether they should act jointly or independently.

Our team can explain the different options and help determine the most appropriate arrangement for your circumstances.

What Happens If You Do Not Have an LPA?

If you lose mental capacity without a Lasting Power of Attorney in place, your loved ones may not automatically have authority to make decisions on your behalf. Instead, they may need to apply to the Court of Protection for a Deputyship Order. This can be a lengthy, costly and potentially stressful process at a time when families are already dealing with difficult circumstances.

How Eaton Smith Can Help

We can assist with:

  • Property & Financial Affairs LPAs
  • Health & Welfare LPAs
  • Registration of LPAs
  • Advice on choosing an attorney
  • Advice on attorney duties and responsibilities
  • Reviewing existing LPAs
  • Future planning alongside Wills and estate planning

Our Private Client team will guide you through the process and ensure the arrangements reflect your wishes and circumstances.

Related Services

You may also require advice regarding:

Speak to Our Private Client Team

Whether you are planning ahead, reviewing existing arrangements or considering a Lasting Power of Attorney for the first time, Eaton Smith's Private Client team can provide the advice and support you need.

Contact us today to discuss putting a Lasting Power of Attorney in place and protecting your future.

Frequently Asked Questions

Yes. Marriage does not automatically give your spouse or civil partner authority to manage your finances or make decisions on your behalf if you lose mental capacity. An LPA allows you to choose who will act for you.

A Property and Financial Affairs LPA deals with financial matters such as bank accounts, bills and property. A Health and Welfare LPA allows your chosen attorney to make decisions about care, medical treatment and living arrangements.

Yes. You can appoint multiple attorneys and decide how they should work together when making decisions.

A Property and Financial Affairs LPA can be used once it has been registered, if you have chosen this option. A Health and Welfare LPA can only be used if you lose the capacity to make decisions yourself.

The cost will depend on your circumstances and whether you require one or both types of LPA. We will explain all likely costs at the outset and provide clear information before any work begins.

You should appoint someone you trust to act in your best interests and manage your affairs responsibly. This is often a spouse, partner, family member or close friend.

Need Advice on Lasting Powers of Attorney?

We've been advising clients since 1927. Get in touch for clear, practical guidance from our experienced team

Call us: 01484821016 Send us an email Send an Enquiry