Solihull: 0121 705 7571
Dorridge: 01564 779393

Understanding Lasting Powers of Attorney: Managing Finances and Health Decisions

August 25, 2023

A Lasting Power of Attorney is a document that allows you, as the Donor, to appoint persons you trust to be your attorneys and act on your behalf when you no longer want to or able to do it.

This document can save your family from going through a slow and expensive process because if you lose mental capacity without an LPA in place it will be necessary to apply to the Court of Protection to have a deputy appointed to deal with everyday matters. Without the LPA any sole bank accounts you hold could become difficult or impossible to access.

By signing the LPA you are appointing other people to make decisions on your behalf. You must be at least 18 years old and be able to understand and make decisions for yourself (called “mental capacity”). Attorneys are the people you pick to make decisions for you. They don’t need legal training. They should be people you trust and know well, for example your husband, wife, partner, adult children or good friends. You can choose one attorney or more.

There are two types of LPA:

  • A Property and Financial Affairs LPA allows your attorneys to run your bank and savings accounts, make or sell investments, pay your bills, to buy or sell your property;
  • A Health and Care LPA allows your attorneys to make decisions about the type of health and medical treatment you receive, including life-sustaining treatment, about the place where you live and other day-by-day matters.    

An LPA cannot be used until it is registered with the Office of the Public Guardian, an unregistered LPA does not give the attorney any legal powers to make a decision for the donor.

For the Property and Finance Affairs LPA you can allow your attorney to make decision:

  • as soon as the LPA has been registered by the Office of the Public Guardian or
  • only when you don’t have mental capacity.

The Health and Welfare LPA can only be used when you have lost capacity.

While you have mental capacity you will be in control of all decisions affecting you. If you choose the option when your attorneys will be acting as soon as LPA has been registered, they should only make decisions on your behalf if you allow them to. They are responsible to you for any decisions you let them make and always must act in your best interests.

IN the application process you will need someone to confirm that no one is forcing you to make an LPA and understand what you are doing, this is your “certificate provider”.

You need to choose whether your attorneys can make decisions on their own or must agree some or all decisions unanimously.  Whatever you choose, they must always act in your best interests.

If attorneys are appointed to act jointly on some matters and jointly and severally on other matters, the LPA must set out clearly what these matters are.

If you decide to make a Lasting Power of Attorney, we will meet you to discuss your requirements in more detail and prepare the LPA for your approval.

After drafting the form your solicitor will guide you through the signing process and also act as the Certificate Provider to confirm that you understand the contents of the documents. After being signed by all parties we will prepare the documentation needed to register the LPA with the Office of the Public Guardian.

Our charges cover both the preparation of the Lasting Power of Attorney and the work required to register it.

Our team of Wills & Probate Private Client Solicitors are happy to assist if you are considering a Lasting Power of Attorney.

You can contact us on Solihull: 0121 705 7571 or Dorridge: 01564 779393 to speak with a member of the Wills & Probate department or alternatively you can email us at: w&

This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article. For more information, please click here.