Lasting Power of Attorney: A Fact Checker

At Complete Estate Protection, we understand that planning for the future means making difficult but important decisions. One of the most powerful and protective legal tools you can have in place is a Power of Attorney. If there comes a time when you are no longer able to manage your own affairs, having a trusted individual to step in and make decisions on your behalf is essential. Here’s what you need to know—fact-checked and clearly explained.

What Is a Power of Attorney (POA)?

A Power of Attorney is a legal document that authorises a person (or people) to make decisions for you if you are no longer able to do so. These decisions may relate to property and financial affairs, health and welfare, or both.

The most common form is a Lasting Power of Attorney (LPA). This ensures that, should you lose mental capacity, your appointed attorney can step in to act in your best interests. At Complete Estate Protection, we often see clients nominate close family members—but it’s your choice. You may instead choose a friend or legal professional. You can appoint more than one attorney and decide whether they act jointly, severally, or jointly and severally (a flexible combination of both).

The LPA Application Process: A Step-by-Step Guide

Creating an LPA doesn’t need to be overwhelming. Here’s how the process typically unfolds:

1. Choose your attorney(s): Think carefully about who you trust to make decisions for you.
   
   
2. Complete the correct forms:
   • LP1F – for property and financial affairs
   • LP1H – for health and welfare
     These forms are available online or in print via the gov.uk website.
     
     
3. Get the forms signed:
   • You (the donor)
   • Your chosen attorney(s)
   • A certificate provider (to confirm you’re making the decision voluntarily and understand it)
   • Witnesses (note: attorneys can witness each other’s signatures, but not yours or act as your certificate provider)
     
     
4. Notify relevant parties:
   Use form LP3 to inform people of your LPA application. This can be generated through the online service.
5. Register the LPA with the Office of the Public Guardian (OPG):
   Submit your signed forms and pay the fee (£82 per LPA). It usually takes around 20 weeks to process.
   

Attorneys cannot act on your behalf until the LPA is registered.

How Long Does a Power of Attorney Last?

An LPA remains valid until:

• The donor passes away
• The donor voluntarily revokes it
• The attorney is no longer capable or eligible to act
  
  

Can a Power of Attorney Be Challenged?

Yes. When LPAs are submitted, those notified can raise objections on two grounds:

• Factual objections – for example, if the donor or attorney is deceased, or they are divorced.
• Prescribed objections – including concerns about fraud, undue pressure, or an attorney not acting in the donor’s best interests.

The Office of the Public Guardian takes such objections seriously and may investigate or refer cases to the Court of Protection.

What If the Attorney Abuses Their Power?

Any suspected misuse or abuse of a Power of Attorney should be reported to the Office of the Public Guardian. They have the authority to investigate and, if necessary, remove the attorney. In more serious cases, the matter can escalate to the Court of Protection for legal action.

How Much Authority Does an Attorney Have?

Attorneys can only act within the powers granted in the LPA. There are legal restrictions:

Financial attorneys cannot:

• Make large gifts
• Pay themselves (unless authorised)
• Mix your finances with theirs
• Benefit from the arrangement
• Buy your assets at below market value
• Engage in tax planning without permission from the Court of Protection
  
  

Health and welfare attorneys cannot:

• Make decisions while you still have capacity
• Restrict your liberty without appropriate legal authority
• Base decisions on prejudices or assumptions
  
  

To limit your attorney’s authority, carefully drafted restrictions or guidance can be included in your LPA. We at Complete Estate Protection always recommend seeking professional help when drafting these sections.

Can Someone Refuse to Be an Attorney?

Absolutely. If someone no longer wishes to act as an attorney, they can complete form LPA 005 and send it to:

• The donor
• Any other attorneys
• The Office of the Public Guardian
  
  

When Should You Arrange a Power of Attorney?
There is no official trigger—but the best time is before you need it. Conditions like dementia or degenerative illness can gradually affect capacity, so early preparation is crucial. Once capacity is lost, it’s too late to create an LPA.

What Happens If There’s No LPA in Place?

If you lose capacity without an LPA, your loved ones must apply to the Court of Protection to become a Deputy. This process is costly, time-consuming, and involves ongoing supervision. It’s far more efficient, and less stressful for your family, to have a valid LPA in place.

Protect Your Future Today

At Complete Estate Protection, we believe in making your future plans secure, simple, and personalised. A Power of Attorney gives you the peace of mind that, should the unexpected happen, someone you trust will be there to make decisions the way you would want.

If you’d like expert help setting up a Power of Attorney, or just want to talk it through, our team is here to guide you every step of the way.

At Complete Estate Protection, we help families all across the North East make sure their LPAs are watertight, valid, and ready if they’re ever needed. Remember: a Lasting Power of Attorney can make all the difference when life doesn’t go to plan. By getting the witnessing right today, you protect your tomorrow.

Contact us today to start your journey toward securing your legacy.