Let’s imagine you’ve gone on a last-minute adventure holiday—zip-lining in the Amazon, perhaps. Or, more realistically, you’ve fallen ill or lost mental capacity due to injury or a medical condition. Who do you trust to pay your bills, decide where you’ll live, or even choose whether you receive life-sustaining treatment?
It’s a scenario no one likes to think about, but it’s exactly why setting up a Lasting Power of Attorney (LPA) is so important—even for young people.
At Lewis Nedas, we guide clients through the process of setting up an LPA—two, actually—and ensure your future is in trusted hands, whatever that future holds.
Contact our Wills and Lasting Power of Attorney Solicitors in London
To speak to one of our private client team for advice, please contact us on 020 7870 2736 or complete our online enquiry form.
What is an LPA and Why Should I Care?
A Lasting Power of Attorney is a legal document where you (the Donor) give someone else (your Attorney) the authority to make decisions on your behalf if you’re no longer able to do so yourself.
And no, your spouse can’t just step in. Without an LPA, even your partner can’t access your bank accounts, speak to your pension provider, or make medical decisions for you. It’s not automatic, and no, a “note from you” won’t cut it.
Without an LPA, your loved ones may have to apply to the Court of Protection to gain that authority. That process is slow, stressful, expensive—and could end with decision-making power handed to someone you wouldn’t have chosen yourself.
Because here’s the reality: LPAs aren’t just about money or medical crises. They’re about control over the everyday decisions that shape your life—right down to what you wear in a care home.
Who gets to decide if you wear Crocs in a care home? With an LPA, the answer is: someone you trust.
There Are Two Types of LPA (And You Probably Need Both)
- Property and Financial Affairs LPA
This covers everything from your bank accounts to buying or selling your home, managing investments, and paying your bills—even if you’re still mentally capable but physically unable (say, you’re stuck on that Amazon zip-line trip for longer than expected). You can request that it kicks in immediately or only once you lose capacity.
Some common powers include:
- Managing bank and savings accounts
- Collecting benefits or pensions
- Paying utility bills and taxes
- Buying or selling your property
- Managing investments
- Health and Welfare LPA
This LPA only comes into play once you’ve lost capacity. It gives your attorneys power to decide:
- Your medical care
- Where you live (at home or in care)
- What you eat, wear, and your daily routine
- Life-sustaining treatment decisions (yes, this includes resuscitation, feeding tubes, and ventilators)
You’ll need to choose whether you want your doctors or your attorneys to decide on life-sustaining treatment.
Got a business?
You can (and should) make a separate LPA just for business assets. This keeps personal and business finances untangled and ensures someone competent keeps the company afloat.
A Business LPA can authorise your chosen attorney(s) to:
- Access and manage business bank accounts
- Sign contracts and authorise transactions
- Handle payroll and tax obligations
- Communicate with clients, suppliers, and HMRC
- Oversee operational decisions and manage staff
- Approve or delegate key day-to-day responsibilities
Without a Business LPA, your business could grind to a halt if you’re suddenly unavailable, putting your employees, income, and even reputation at risk. This is particularly crucial if you’re a sole trader, partner, or company director without continuity provisions in place.
Your business attorney doesn’t have to be the same person as your personal attorney—but they should understand your business, act in its best interests, and be ready to make fast, informed decisions.
Choosing Your Attorneys: A Task Not for the Indecisive
Attorneys must:
- Be over 18
- Have mental capacity themselves
- Not be bankrupt (for financial LPAs)
- Be people you really trust—think: competent, calm under pressure, and able to follow instructions
It is usual to appoint between 2 to 4 attorneys, and you can even add replacements. They can:
- Act jointly (all make decisions together—great for group chats, bad for efficiency). Choosing jointly means if one attorney is unable to act, the LPA becomes invalid.
- Or jointly and severally (any one of them can act alone—much faster and more flexible, ensuring decisions aren’t held up).
Need some flexibility? You can tailor decision-making authority to suit different situations. For example, you might specify that your attorneys must act jointly when making major decisions, like selling your home, but can act jointly and severally for less critical matters. This ensures that important decisions, such as property sales or arranging care, are made collaboratively, while allowing routine matters to be handled more efficiently by individual attorneys.
For more information, please take a look at our guides on the role and duties of an attorney, as well as mental capacity.
Preferences and Instructions: Say It Your Way
You can tailor your LPAs with preferences (“I would like…”) and instructions (“My attorneys must…”). These help guide your attorneys and can prevent future drama by making your wishes clear. Examples include:
- Financial:
A preference might be that you prefer to invest in ethical funds only. An instruction could be that your attorneys must consult a financial adviser before investing over £10,000 to ensure you’re getting professional guidance before making significant decisions. - Health and Welfare:
A preference might include a wish to live near your family members or have a pet with you when you go into care. An instruction could be that you only want vegetarian meals or other specific dietary requirements.
You can even include arrangements for attorney payments for carrying out their duties, but keep in mind that the Office of the Public Guardian doesn’t allow you to enforce anything unrealistic or illegal.
Signing and Registering Your LPA
Here’s where it gets official:
- The LPA must be signed in order by: you (the donor), your witness, your certificate provider, and your attorneys.
- A certificate provider (a professional such as a solicitor, doctor, or a neighbour with whom you have had a relationship for at least two years) will confirm that you fully understand the implications of the document and that you are acting voluntarily, without any undue influence.
- We often act as certificate provider. Why? Because a solicitor’s signature is harder to dispute later if your LPA is challenged.
We will also:
- Provide expert advice on preferences, instructions, and structuring your LPA
- Guide your attorneys on their responsibilities and duties
- Register the LPA with the Office of the Public Guardian
- Supply certified copies for banks, GPs, and other institutions, upon request
- Support you throughout the process, ensuring peace of mind
Registration takes up to 10 weeks, so don’t leave this until it’s too late.
Revoking Your LPA
Changed your mind? It happens. You’ll need to:
- Complete a deed of revocation
- Sign it with a witness
- Notify the Office of the Public Guardian
- Tell your attorneys the LPA is no longer valid
No LPA = A World of Stress
Without an LPA:
- The Court of Protection may appoint a deputy to make decisions on your behalf
- You lose control over who has the authority to make decisions
- The process can be costly and time-consuming
- Family conflicts may arise over who should be in charge
- Your personal information becomes subject to court scrutiny
Don’t let it get that far.
Contact our Wills and Lasting Power of Attorney Solicitors in London
At Lewis Nedas, we know that Lasting Powers of Attorney can feel overwhelming, but we simplify the process to make it clear, structured, and tailored to your needs. Whether it’s ensuring your medical preferences are respected, managing your business during illness, or making arrangements for your pet if you move into care, we’ve got you covered. Planning ahead is not just for the highly organised; it’s a crucial step in safeguarding your future and the well-being of your loved ones. Our experienced Private Client team will guide you through every stage—helping you choose reliable attorneys, structure your LPAs to suit your wishes, and draft precise instructions for your medical, financial, and lifestyle decisions.
Additionally, we assist with appointing replacement attorneys, managing business assets, and ensuring all documentation is in order to prevent potential disputes. We also ensure that your attorneys understand their duties under the Mental Capacity Act and take care of the registration process with the Office of the Public Guardian.
In addition to LPAs, we offer comprehensive support with broader estate planning, including:
- Appointing trusted executors for your Will
- Protecting the future of your children
- Establishing trusts for minor or vulnerable beneficiaries
- Reducing inheritance tax exposure
- Ensuring your wishes are legally recorded and upheld
We’re here to help you make informed decisions and plan for the future with confidence.
Take control now—before someone else has to do it for you.
📞 Contact Rose Varsani on: 0207 387 2032
📧 Or email: pvarsani@lewisnedas.co.uk
Disclaimer:
This blog is for general information and interest only. It does not provide legal advice and should not be relied upon as such. If you’d like tailored legal guidance, please contact us directly.