The primary reason for any individual to make a Lasting Power of Attorney (LPA) is to ensure that someone is able to act on their behalf in the event of losing mental or physical capacity.

Everyone needs to have an LPA in place to cover that eventuality as, without it, if you lose capacity you will not be able to make an LPA. The resulting process is both time consuming and costly for your next of kin to apply to the Court of Protection for a ‘Deputyship Order’.

There are different types of Power of Attorney. However, there is one constant with all Powers of Attorney, namely that you cannot create a Power of Attorney unless the Donor (the giver of the power) has the mental capacity to do so.

For persons in a vulnerable position, it is essential to have legal advice and mental legal capacity assessment undertaken. We can guide you through that process, provide assessments on legal capacity or arrange for a medical assessment if that is deemed by us to be necessary.

Lasting Power of Attorney (LPA)

It is generally best advice for most people to make the full Lasting Power of Attorney. There are two types of LPA:

1. Property & Financial Affairs
2. Health & Welfare

The Health & Welfare LPA was introduced to specifically cover areas of welfare decision-making such as where to live and the kind of medical treatment to be received.

It was a welcome introduction as now an Attorney can be appointed specifically to make these decisions for the Donor. Of course, such health and welfare decisions can only be made in the event of the Donor having lost mental capacity.

There are a number of factors and guidelines for Attorneys under the Mental Capacity Act under which the LPA structure was introduced. We can advise you on all aspects.

Enduring Power of Attorney (EPA)

LPAs have replaced the previous Enduring Power of Attorney (EPA) with effect from September 2007. You cannot now undertake any new EPA, but existing ones signed before September 2007 should be valid.

Please check with us before attempting to use or act on an EPA.

Registering an old EPA

If the Donor of an old EPA (signed before September 2007) has lost mental capacity (or is about to lose mental capacity) there is a duty for the Attorneys to ‘register’ the EPA document.

We can help you with the EPA registration process.

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Our Private Client team provides trusted legal advice and support on personal estate planning, wills, probate, trusts, powers of attorney, and broader private wealth matters. We help clients organise and protect what matters most — your family, your legacy and your peace of mind.

Leading the team is Usman Khan LLB Hons, Solicitor, Head of Private Client, who specialises in wills, estate and inheritance tax planning, trust structures, lasting powers of attorney, and probate and estate administration. Usman brings extensive experience and a clear, supportive style to highly personal legal matters.

Johanna Knott BA SFE TEP, Senior Associate Solicitor – a highly experienced solicitor in private client work, including complex estate planning, trust advisory, Court of Protection matters and administration of estates. Her STEP accreditation reflects her expertise in managing sensitive and high-value private affairs.

Lucy Pankhurst LLB Hons, Associate Solicitor – provides a personable and informed approach to wills, trusts, probate and powers of attorney, often meeting clients in locations that suit their needs.

Jeremy Wise FCILEx, Legal Executive & Director – specialises in Wills and Estate Planning; Powers of Attorney (LPAs) for both Property & Financial and Health & Welfare, and all aspects of Probate and estate administration, including the administration process, advising on both taxable and non-taxable estates, completing and submitting inheritance tax accounts, preparing estate accounts and obtaining the Grant of Probate or Grant of Letters of Administration on intestacy.

This team offers a compassionate and knowledgeable service for individuals and families looking to plan for the future, administer estates, or put robust legal protections in place.