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Lasting Powers of Attorney (LPAs)

Protecting Your Interests: Comprehensive LPA Services in England & Wales

One of the most important safeguards you can establish in life is a Lasting Power of Attorney (LPA). These documents become indispensable when unexpected circumstances such as illness or injury mean you can no longer make decisions for yourself. At 360 Law Services, we take pride in offering expert guidance that can help you make provisions to meet your wishes when you cannot make decisions for yourself. An LPA ensures you are in control of who makes your decisions and provides them with guidance on how to make them. This safeguards both your health & welfare and financial interests.


There are two types of LPA available. The Property and Financial Affairs LPA gives your chosen attorney(s) the authority to manage financial and property-related matters, ensuring everything from bills to taxes is managed effectively. The Health and Welfare LPA addresses decisions regarding medical treatments and daily care. Without an LPA in place, the alternative is a Deputyship application to the Court of Protection, a more complex, expensive, and lengthy process which will delay important decisions being made and result in increased ongoing costs and administration for your Deputys (the equivalent of Attorneys). Our goal is to assist you in avoiding such complexities and ensuring your intentions are honoured in all circumstances.

Ask a Lasting Powers of Attorney (LPA) Solicitor

    Our Lasting Powers of Attorney (LPAs) Expertise

    Creating LPAs

    Detailed guidance on putting in place both Property and Financial Affairs and Health and Welfare LPAs including acting as Certificate Provider and dealing with registration, where required. 

    Reviewing & Updating LPAs

    Ensuring your LPAs remain up-to-date with any changes in your circumstances or preferences and the Office of the Public Guardian is kept properly informed.

    LPA Disputes

    Offering legal support when disagreements arise about an LPA’s validity or the decisions made by an appointed attorney.

    General Power of Attorney

    Assistance with short-term decision-making arrangements that don’t cover situations where you lose mental capacity.

    Enduring Power of Attorney

    Guidance on the predecessor to LPAs, how they function today and whether you should consider replacing them with LPAs.

    Advice for Attorneys

    Helping designated individuals understand their roles, responsibilities, and the limits of their authority under an LPA.

    Court of Protection & Deputyship

    Assisting with Court of Protection applications when no LPA exists, and explaining the deputyship role, its complexities, and implications. 

    Our Private Client Team

    FAQs - Lasting Powers of Attorney (LPAs)

    What's the difference between a Property and Financial Affairs LPA and a Health and Welfare LPA?

    The Property and Financial Affairs LPA allows your appointed attorney(s) to handle your financial and property matters and can be put in place toi be effective immediately or only on loss of capacity. In contrast, the Health and Welfare LPA is about decisions related to your daily care, medical treatment, and other personal well-being concerns and can only be used upon loss of capacity. 

    Why is registering an LPA important?

    Registering your LPA with the Office of the Public Guardian makes it legally valid and allows your appointed attorney to act on your behalf when necessary, without the delays associated with registering it at that time (it takes 12+ weeks to register an LPA for use). 

    Can I change or revoke my LPA once it's been set up?

    You cannot alter an existing LPA but as long as you have the mental capacity to make that decision, you can cancel your existing LPA and put a new one in place.  If someone has lost mental capacity they can no longer cancel their LPA. 

    What happens if I don’t have an LPA and lose capacity?

    Without an LPA, decisions on your behalf would need a Court of Protection order, to appoint a Deputy which can be a longer, costlier, and more intrusive process than having an LPA in place.  A major downside is that no decisions at all can be made or provisions be put in place until the lengthy court process is completed.  

    How does an LPA differ from a general power of attorney?

    While an LPA is intended to be used during someone’s entire lifetime and continues even if that person loses capacity, a general power of attorney is usually for a fixed period, often for a specified purpose, and becomes invalid if the donor loses mental capacity. 

    What are the responsibilities of my appointed attorney under an LPA?

    Your attorney must always act in your best interest, consider your past and present feelings, ensure you participate as much as possible in decisions, and avoid restricting your rights unnecessarily. 

    Can I have more than one attorney on my LPA?

    Yes, you can appoint multiple attorneys and specify if you want them to make decisions jointly or if they can act independently on certain matters. 

    How does an LPA differ from a Will?

    While a Will outlines the distribution of your assets after your passing, an LPA empowers designated individuals to make decisions for you during your life, particularly if you become unable to make them yourself due to loss of mental capacity. 

    What's the difference between an LPA and a deputyship?

    An LPA is a proactive measure, chosen by you. Deputyship is reactive, instigated by someone else when there’s no LPA, and you lose capacity. It’s subject to annual supervision, ensuring the deputy is acting appropriately. 

    What can I do if I believe an attorney is abusing their powers or not acting in the best interest of the donor?

    Concerns about an attorney’s actions can be reported to the Office of the Public Guardian, which can investigate and take necessary action. 

    How is an LPA activated or used?

    The Property and Financial Affairs LPA can be used as soon as it’s registered, with your permission. However, the Health and Welfare LPA can only be used once you’ve lost the capacity to make decisions yourself.  Both LPAs must be registered before use and, as such, we recommend they are registered immediately upon completion so as not to cause unnecessary delays at a later date. 

    What precautions should I take when choosing an attorney?

    It’s vital to select someone trustworthy, understands their duties, and respects your wishes. It’s often a good idea to discuss your intentions and preferences with them in advance. 

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