Lasting Power of Attorney

Lasting Power of Attorney (LPA) allows you to designate one or more trusted individuals, known as attorneys, to make decisions on your behalf during your lifetime. While an LPA is a separate document from your will, many people choose to set both up at the same time. The LPA can allow the attorneys to make decisions regarding your health and care, finances and property or both.

    Create your LPA in three easy steps.

    Step 1

    Complete the questionnaire below so we can advise which LPA is best suited for you and our costs for drafting the LPA(s).

    Step 2

    We will then call to discuss your completed questionnaire and check for any errors and inconsistencies before we start drafting. We will then ask for the payment at the end of the call.

    Step 3

    We will send your final draft of the LPA to you by email or post (for an additional charge) along with signing instructions.

     

    Your Details ("the Donor")

     

    Your Attorneys and Replacement Attorney Details

    You should appoint someone whom you trust to make decision for you and act in best interests and would make the same decisions you would make for yourself.

    Who can be your attorney?

    You can ask anybody to be your attorney, as long as they’re over 18 and have mental capacity. For financial LPAs, you cannot choose someone is currently bankrupt or subject to debt relief order.

    If you choose more than one attorney?

    You can choose as many attorney as you want. However since attorneys need to make decisions together, more than one attorney means there could be room for conflict between attorneys. Therefore we recommend keeping a number as low as possible to avoid any conflicts between attorneys.

    Replacement attorneys

    You can add replacement attorneys in your attorney(s) become unable to make decision for your. For instance if they die or they decide they no longer want to be your attorney.

         

    People to notify, when LPA is being registered

     

    Certificate Provider

    You need to choose someone known as certificate provider to confirm that you:

    1. understand the consequences of making an LPA; and
    2. you’ve decided to create your LPA for yourself without any pressure from anybody else

    The Certificate Provider can be:

    — Someone you have known for at least 2 years such as a friend or a neighbour: or

    — A professional with relevant skills such as a doctor or solicitor.

    The certificate provider will sign your LPA when you get it.

     

    Who cannot be a certificate provider?

    1. your attorney or backup attorney in this LPA or any other LPA or enduring powers of attorney (EPA) you’ve made before
    2. a member of your or your attorneys’ families – including wives, husbands, civil partners, in-laws and step-relatives
    3. an unmarried partner, boyfriend or girlfriend of yours or of any of your attorneys – whether or not they live at the same address
    4. your business partner or one of your attorneys’ business partners
    5. your employee or one of your attorneys’ employees
    6. an owner, manager, director or employee of a care home where you live, or a member of their family
     

    Managing Finances

    You can allow your attorney to manage your finances in case you cannot do it yourself.

     

    This can include:

    — paying your bills

    — buying things for you with your money

    — putting money into your savings accounts

    — dealing with your tax, pensions and benefits

    — accessing your online accounts

    — selling your property (with your permission or to help pay for any treatment or care you might need)

     

    When can Attorney make finance decisions?

    Option 1: Your attorney can make decisions as soon as you register your LPA

    OR

    Option 2: Your attorney can only make decisions if you cannot make decisions for yourself

     

    Note

    Please note that option 2 can create practical issues for your attorney. They may need to provide evidence that you’re unable to make decisions every time they need to make a decision — this could add delays and costs.

    To make matters simpler for you and your attorney(s), we recommend you choose option 1. They’ll need your permission to make any decisions as long as you can still make decisions for yourself.

     

    If appointing multiple attorneys, should they act

    — Jointly and severally

    — Jointly

    — Jointly for some decisions, jointly and severally for other decisions

    — Skip if choosing one attorney

     

    Health and lifestyle

    An attorney can make decision if you cannot make decisions for yourself about:

    1. The type of health care and medical treatment you receive, including life-sustaining treatment
    2. Where you live
    3. Day to day activity such as diet and daily routine
    4. If you don’t allow this, other people or the local authority could end up making important decisions for you — which may be against your wishes.

    Please check all the above 'required' questions are answered, otherwise you will not be able to 'Submit' the form.

    Once you have submitted, one of our Case Managers will be in touch to advise on next steps and associated costs.

    Please note each document must be registered with the Office of Public Guardian before it can be used and you’ll need to pay a separate fee of up to £82 per document, which is entirely separate from our service fee. If your document is rejected due to an error, there will be a fee for resubmission.

     
    Have we been in touch

    If you have received correspondence from us, contact us to speak with one of our Case Managers.

    Review from A G
    We previously assisted Treethorpe with a disposal of a property porfolio. Gemma and Caroline were exteremely proactive with any queries we had and were very thorough with the information they provided on each asset. I would highly recommend their service.