Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust to make decisions about your finances, property, health and welfare if you ever lose the capacity to do so yourself.
At Cunningtons, our Wills and Probate team – led by Bryony Wilmshurst, an accredited member of the Association of Lifetime Lawyers – has helped clients of all ages across England and Wales to put robust LPAs in place. We offer fixed-fee LPA services from all of our branches, and we strongly recommend putting your LPA in place as early as possible: once mental capacity is lost, it is too late.
Most of us have never thought about this. We probably should.
If something happened to you tomorrow – an accident, a sudden illness, a diagnosis of dementia – could your family step in and manage your affairs?
The answer, for most people, is no. Not legally.
+ Being married does not automatically give your spouse the right to make medical decisions for you, access your bank accounts or pay your bills.
+ Being a parent gives you no authority over an adult child’s finances, even in a crisis.
Without a Lasting Power of Attorney, the people who love you most can be left powerless at the very moment they most need to help you.
“I was very worried about registering for Power of Attorney whilst trying to sell my mother’s property. But Bryony put my mind at rest, kept me informed and there was a swift outcome!”
— Mrs F, Great Dunmow
“My spouse will handle everything” – why this idea is so common, and so dangerous
This is one of the most widespread misconceptions in law. Around 78% of UK adults do not have a Lasting Power of Attorney in place — including 77% of those over 55. Many assume their husband, wife or civil partner will simply take over if they become ill or lose capacity.
The law does not work that way.
Without a valid LPA, your spouse cannot:
- +access your bank accounts;
- +manage your property;
- +speak to your doctors about your condition;
- +make decisions about your care or where you live; or
- +pay your bills.
The only route available to them is to apply to the Court of Protection to be appointed as your deputy – a process that typically takes four to six months, costs over £1,500 in fees in the first year alone, and leaves everyone in limbo in the meantime.
An LPA changes that. You choose who acts for you, and how. You can provide guidance and set limits. And crucially, you do it while you are well, and before it is ever needed.
Two types of LPA — and why most people benefit from both
|
Property & Financial Affairs LPA Covers decisions about your money, property and business affairs, including:
This type of LPA can be used while you still have capacity, making it useful if you ever need practical help with your financial matters. |
Health & Welfare LPA Covers personal decisions about your care and medical treatment, including:
This type can only be used once you have lost mental capacity. It ensures your wishes about your own care are known and legally recognised by health providers. |
You can appoint the same person as your attorney for both, or choose different people depending on their skills and your preferences. Most of our clients choose to set up both LPAs together as it is more cost-effective, and it means you have complete protection in place whatever happens.
Choose Cunningtons: Specialist expertise you can rely on
An LPA is one of the most powerful legal documents you can create. Done well, your LPA gives you real peace of mind. Done badly or without proper advice, and it can be ineffective, fail to register, or leave your affairs open to misuse. More than 50,000 LPAs are rejected by the Office of the Public Guardian every year, often because of avoidable errors.
Our Wills and Probate team specialises in this work. We take the time to understand your circumstances, explain your options clearly, and make sure your LPA genuinely reflects your wishes, rather than treating it like any other form.
Once your LPA is registered, Cunningtons can retain the original in their firm’s strong room and send you certified copies for your records.
Bryony Wilmshurst — our LPA specialist
Bryony is a Partner at Cunningtons and leads our Wills and Probate department. She holds accreditations that relatively few legal professionals in England and Wales can claim:
- •Accredited member of the Association of Lifetime Lawyers (ALTL)
- •STEP (Society of Trust and Estate Practitioners) member
- •Dementia Friends Champion
Cunningtons is also a proud supporter of the Alzheimer’s Society’s Will to Remember campaign — reflecting our long-standing commitment to helping clients and their families plan ahead with confidence.
How it works — step by step
Typical timeline: 10–14 weeks from first appointment to registered LPA
The Office of the Public Guardian currently takes 8–10 weeks to register an LPA once the application is submitted without errors. We strongly recommend submitting your LPA to the OPG for registration immediately after it is signed, so it is ready to use whenever it is needed.
- 1Your initial appointment: we discuss your circumstances, explain both types of LPA and help you think through your choice of attorney(s). We can meet with you in person at any of our seven branches, or arrange a remote appointment.
- 2We draft your LPA: once we have the information we need, we prepare your documents carefully. We write to your chosen attorney(s) to confirm they understand and are happy to take on the role. You do not need to attend the office at this stage.
- 3Signing and witnessing: we guide you through the signing process, which must follow specific legal requirements. Your certificate provider (an independent person who confirms you understand the document and are acting freely) also signs at this stage.
- 4Registration: we submit your LPA to the Office of the Public Guardian. We recommend registering immediately so your LPA is ready to use the moment it is needed. The OPG currently takes 8–10 weeks to complete registration.
- 5Your LPA is registered and ready: we return your registered documents to you. Keep them somewhere safe, and make sure your attorney(s) know where to find them.
Clear, fixed fees — no surprises
As always, we believe in being transparent about what you will pay. Our LPA fees are fixed, so you know exactly where you stand from the outset.
| LPA type | Our fee (excl. VAT) | OPG registration fee | Total (approx.) |
|---|---|---|---|
| Property & Financial Affairs LPA | £300 | £92 | £392 + VAT |
| Health & Welfare LPA | £300 | £92 | £392 + VAT |
| Both LPAs together (recommended) | £500 | £184 | £684 + VAT |
If your annual income is under £12,000, you may be entitled to a 50% reduction in the OPG registration fee. If you receive certain means-tested benefits – including Income Support, Pension Credit or Housing Benefit – you may be exempt from the registration fee entirely. We will check your eligibility when we meet.
Ready to put your LPA in place?
Sorting out your Lasting Power of Attorney is one of the most important things you can do for yourself and for the people who matter to you. The sooner it is done, the sooner you can stop worrying about it.
Get in touch with your local branch, and we will take care of the rest.
Contact our offices in Braintree, Brighton, Chelmsford, Croydon, Hastings, Hornchurch and Wickford.
Please download our Guide to LPAs by clicking on the link below: