Lasting Power of Attorney (LPA)

Q: How much does it cost for a Lasting Power of Attorney?

The cost of setting up LPA differs from case to case. There are some two common costs that you will have to pay. These are: Registration fee - this is paid to the Office of the Public Guardian Solicitor fees - these are the fees you will pay for the expert legal advice.

Q: Who can override a Lasting Power of Attorney in the UK?

An LPA in the UK can only be overridden by the Court of Protection (CoP). The CoP can investigate and remove an attorney for misconduct, such as financial abuse, and ultimately cancel the LPA if it feels necessary.

Q: How long does it take to register a Lasting Power of Attorney?

If done correctly, it can take 8 to 10 weeks to register an LPA. If errors are found or objections are raised, it can take up to 20 weeks. Using a specialist lawyer can make sure there are no errors in your LPA, so you don't face any delays registering it.

If you’re worried about losing the ability to manage your own affairs in the future, you may want to consider making a Lasting Power of Attorney (LPA). This means you appoint someone else to make decisions on your behalf if you lose mental capacity.

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What is Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document in England and Wales that outlines who can make decisions about your health, wealth, property, or financial affairs.

You ('donor') will appoint a trusted person, or people, ('attorneys') who can make decisions on your behalf if you lack the mental capacity.

There are two types of LPA's, Property & Financial Affairs and Health & Welfare.

The Health and Welfare LPA gives your attorney the power to make decisions about:

What medical care you receive
Whether or not you move into a nursing home, which one you go to, and what happens if you need to move to a different one
What life-sustaining treatment you’re given.

It can only be used when you’ve lost the capacity to make your own decisions. The Property and Financial Affairs LPA gives your attorney the power to:

Manage your bank accounts
Make investments on your behalf
Sell your home or manage your property.

It can be used as soon as it’s registered, with your permission.

What is the role of an LPA?

The attorney's primary duty is to always act in your best interests.

You can appoint different attorneys for specific areas. You can also provide them with detailed instructions and preferences to guide their decisions.

The attorney's role is to provide peace of mind by making well-informed, considered choices regarding matters such as:

Managing your finances: This includes overseeing bank accounts, investments, property, paying bills, and handling income and expenditures on your behalf.
Healthcare and medical treatment: Making decisions about the type of medical care, treatments, and support you receive, always in line with your expressed wishes and best interests.
Residential care arrangements: Deciding on suitable living arrangements, which may include selecting or moving into a care home or assisted living facility.
Business management: If you're a business owner, the LPA can grant your attorney the authority to manage or wind down your business operations as specified.

How to set up a Lasting Power of Attorney?

First, you will need to draft a document that lays out what your attorney can and can’t make decisions about. It’s vital to do this with a solicitor to make sure it’s valid.

Once it’s finalised, you will need to sign it in the presence of a witness. Your certificate provider will then go through it with you to you understand what you are signing and are not under any undue influence.

If you’re making an LPA through Irwin Mitchell we’d act as your certificate provider.

The LPA will then have to be registered with the Office of the Public Guardian before it can be used.

Speak to our experts

We have the largest private client team in the UK; our team of experts are here to provide discreet legal advice to support you and your family.

Stewart Stretton-Hill

Senior Associate Solicitor

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Meet our experts

Stewart Stretton-Hill

Senior Associate Solicitor

Find out more

Specialist Legal Advice

Our experts are here to provide discreet legal support for you and your family. Please complete our enquiry form and one of our experts will contact you by the next working day.

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Frequently Asked Questions

What happens if I don’t appoint an attorney?

Your family or friends may need to apply to the Court of Protection for a deputyship order, which can be costly and time-consuming.

If they don’t, the Court of Protection will appoint a deputy, with the same powers and responsibilities as an attorney. It usually prefers to appoint a friend or relative (as long as it’s in your best interests) rather than a stranger. Where there are disagreements in the family, the court will sometimes appoint an independent panel deputy (like often a solicitor). This may add legal costs for the family or estate to cover.

What do I do if I’m in an attorney-related dispute?

Disputes can happen when an attorney isn’t doing their duty properly, or whether the donor’s capacity to make the LPA in the first place is in question.

We can help you navigate and settle disputes concerning:

Nursing care
The donor’s will
Spending by the attorney
Whether the donor still has capacity
Investment decisions made by the attorney
The sale and management of the donor’s property
Gifts (the attorney needs court approval to make large gifts).

We can also help you defend a claim that’s been made against you, if you’re acting as an attorney.

Who pays for an attorney dispute?

The general rule is that the donor’s estate will pay for the objector’s costs. However, this only applies if you act reasonably at all times: if the court considers that an application has been made in bad faith, it can ignore the general rule.

If you do decide to object to the registration of an EPA or LPA, or to the actions of an attorney or deputy, you’ll need to comply with the formalities of the Court of Protection when you lodge your application. This can be quite complex, so it’s advisable to use a solicitor to do this.

How much does it cost for a Lasting Power of Attorney?

Who can override a Lasting Power of Attorney in the UK?

How long does it take to register a Lasting Power of Attorney?

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