Helping you plan ahead and protect your future
A Lasting Power of Attorney (LPA) allows you to choose people you trust to make decisions on your behalf if you need support in the future.
Many people associate LPAs with later life, but they can be valuable at any age. An unexpected illness, accident or change in circumstances could leave any of us temporarily or permanently unable to make certain decisions for ourselves.
Putting an LPA in place while you have the mental capacity to do so means you can decide who you would trust to act for you, rather than leaving those decisions until support is urgently needed.
At Rogers & Norton, our experienced Private Client team helps individuals and families across Norfolk put the right arrangements in place for the future. From our offices in Norwich, Attleborough and Dereham, we’ll explain your options clearly, help you choose the arrangements that are right for you and guide you through the entire process.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney is a legal document that allows you – known as the donor – to appoint one or more trusted people – known as your attorneys – to make certain decisions on your behalf.
Having an LPA in place doesn’t mean giving up control of your affairs. Instead, it allows you to decide in advance who you would trust to help you or make decisions for you should the need arise.
There are two different types of LPA: Property and Financial Affairs and Health and Welfare. You can choose to put either one or both in place depending on your circumstances.
The two types of Lasting Power of Attorney
Property and Financial Affairs LPA
A Property and Financial Affairs LPA allows your chosen attorney or attorneys to assist with decisions relating to your finances.
Depending on the authority you give them, this could include:
- Managing bank or building society accounts.
- Paying bills and household expenses.
- Collecting benefits, pensions or other income.
- Managing investments.
- Buying or selling property.
- Dealing with other financial matters on your behalf.
Once the LPA has been registered with the Office of the Public Guardian, it can be used while you still have mental capacity if you choose to allow this.
This can be particularly useful if, for example, illness or mobility problems make managing your finances more difficult, or you simply want someone you trust to assist you with certain financial matters.
Health and Welfare LPA
A Health and Welfare LPA allows your chosen attorney or attorneys to make decisions about your health and personal welfare if you lose the mental capacity to make those decisions yourself.
This can include decisions about:
- Medical treatment.
- Your day-to-day care.
- Where you live.
- The support and care you receive.
- Life-sustaining treatment, where you have specifically given your attorneys this authority.
Unlike a Property and Financial Affairs LPA, a Health and Welfare LPA can only be used when you no longer have the mental capacity to make the relevant decision yourself.
Putting one in place allows you to choose who you trust to make those important decisions rather than leaving your family uncertain about what you would have wanted.
Do I need both types of LPA?
You don’t have to make both types of Lasting Power of Attorney, but many people choose to do so because they cover very different aspects of your life.
A Property and Financial Affairs LPA deals with your money and assets, while a Health and Welfare LPA deals with decisions about your care and wellbeing.
Having both in place can provide more comprehensive protection, ensuring trusted people are able to support you with both your financial affairs and your personal welfare if required.
Our Private Client team will talk you through both options and help you decide what is appropriate for your individual circumstances.
When should I make a Lasting Power of Attorney?
One of the most important things to understand about an LPA is that it must be made while you still have the mental capacity to make it.
This is why we encourage people to think about LPAs as part of planning ahead rather than waiting until they’re needed.
You don’t need to be elderly, unwell or experiencing difficulties before putting one in place. Many people arrange LPAs at the same time as making or reviewing their Will, simply because they want the reassurance of knowing plans are in place should something unexpected happen.
An LPA can then remain available should it ever be needed.
Choosing your attorneys
Choosing who should act as your attorney is an important decision.
Your attorney should be someone you trust to act in your best interests and make appropriate decisions on your behalf. This may be your spouse or partner, an adult child, another relative or a close friend.
You can appoint more than one attorney and decide whether they should make decisions together or whether they can act independently. You can also appoint replacement attorneys who can step in if one of your original attorneys is unable to act.
We’ll discuss the different options with you and help you consider which arrangement is likely to work best for your circumstances.
Common reasons people come to us
There isn’t one particular stage of life when everyone should make an LPA.
Our clients come to us for many different reasons. Some are planning ahead while they’re fit and healthy, while others have experienced a change in their own circumstances or those of someone close to them.
We regularly help people who:
- Are making or updating their Will and want to consider wider future planning.
- Want their spouse, partner or children to be able to assist with their affairs if necessary.
- Have experienced illness themselves or within their family.
- Want to decide who would make decisions about their care if they couldn’t make them themselves.
- Are concerned about managing their finances in later life.
- Want to make things as straightforward as possible for their family in the future.
- Simply want the reassurance of knowing the right arrangements are already in place.
Whatever your reason for considering an LPA, we’ll explain your options in plain English and help you make informed decisions about what’s right for you.
How we can help
Preparing for the future can sometimes feel daunting, but making a Lasting Power of Attorney doesn’t need to be complicated.
Our Private Client team will guide you through the process from start to finish.
We’ll:
- Explain the difference between the two types of LPA.
- Discuss who you may wish to appoint as your attorneys.
- Help you decide how your attorneys should make decisions.
- Discuss any preferences or instructions you may wish to include.
- Prepare the appropriate documents.
- Explain the signing requirements.
- Arrange registration with the Office of the Public Guardian.
We’ll make sure you understand what you’re signing and that the arrangements reflect your wishes.
We prepare LPAs for a fixed fee. There is also a registration fee payable to the Office of the Public Guardian for each LPA, although exemptions or reductions may be available in certain circumstances.
If attending one of our offices isn’t suitable, we can also discuss alternative arrangements, including visits to clients at home, in a care setting or in hospital where appropriate.
What happens if someone has already lost mental capacity?
If someone has already lost the mental capacity required to make a Lasting Power of Attorney, unfortunately it is too late for them to create one.
This doesn’t necessarily mean their family has no options. An application may instead need to be made to the Court of Protection for a Deputyship Order.
A deputy is appointed by the Court to make certain decisions on behalf of someone who lacks mental capacity. Depending on the Order made, this could include managing their finances, paying bills, dealing with investments or buying and selling property.
The Deputyship process is generally more involved than putting an LPA in place in advance, which is one of the reasons planning ahead can be so valuable.
Our team can advise families on Deputyship applications and other Court of Protection matters and help you understand the most appropriate route for your circumstances.
What about an existing Enduring Power of Attorney?
Before Lasting Powers of Attorney were introduced, it was possible to make an Enduring Power of Attorney (EPA).
New EPAs haven’t been available since 2007, but an EPA that was validly made before then can still be used.
If you already have an EPA, it may be sensible to review your arrangements. An EPA only covers financial matters and can’t be amended, so you may also wish to consider putting a Health and Welfare LPA in place.
If the donor of an EPA is losing or has lost mental capacity, the attorneys may also need to register the document before continuing to act.
Our Private Client team can review an existing EPA, explain whether registration is required and advise on whether any additional arrangements should be considered.
Specialist support for older and vulnerable clients
We understand that some clients may need additional time, care or support when making important decisions about their future.
Our Private Client team has extensive experience supporting older and vulnerable clients, their families and carers. This includes individuals living with dementia and people whose capacity has been affected by illness or injury.
Our team includes members of the Society of Trust and Estate Practitioners (STEP) and The Association of Lifetime Lawyers, reflecting the specialist knowledge and experience available within the department.
We can also advise on Deputyship applications, Statutory Wills and wider Court of Protection matters where additional protection or support is required.
Above all, we’ll take the time to understand the individual and their circumstances, providing clear and sensitive advice at a pace that’s appropriate for them.
Planning ahead: LPAs and your Will
A Will and a Lasting Power of Attorney perform very different roles, but together they can form an important part of planning for the future.
Your Will sets out what should happen to your estate after your death.
A Lasting Power of Attorney allows trusted people to support you or make certain decisions on your behalf during your lifetime.
For this reason, many clients choose to discuss LPAs when making or reviewing their Will.
Our Private Client team can advise on both, as well as wider Tax and Estate Planning, Trusts, Later Life Planning and Deputyship, helping you consider your arrangements as a whole.
Why choose Rogers & Norton?
Since 1982, we’ve been helping individuals and families across Norfolk plan for the future with confidence.
We understand that discussing what might happen if you lose the ability to make decisions for yourself isn’t always easy. Our approach is straightforward and reassuring: we’ll explain your options clearly, answer your questions and give you the time you need to make the decisions that are right for you.
Clients choose Rogers & Norton because we offer:
- An experienced Private Client team.
- Specialist knowledge of LPAs, Deputyship and Court of Protection matters.
- Straightforward advice in plain English.
- Advice tailored to your individual circumstances.
- Particular experience supporting older and vulnerable clients.
- Fixed fees for preparing Lasting Powers of Attorney.
- Appointments at our Norwich, Attleborough and Dereham offices.
- Home, hospital and care setting visits where appropriate.
Whether you’re planning ahead for yourself or looking for advice about someone close to you, we’re here to help.
Lasting Power of Attorney solicitors in Norwich, Attleborough & Dereham
With offices in Norwich, Attleborough and Dereham, we’re well placed to support individuals and families across Norfolk with Lasting Powers of Attorney and wider future planning.
Whether you’re putting an LPA in place alongside your Will, reviewing an existing Enduring Power of Attorney or need advice because someone close to you has already lost mental capacity, our Private Client team can guide you through your options.
Appointments can be arranged at whichever of our three Norfolk offices is most convenient for you. Where attending an office isn’t possible, please speak to us about alternative arrangements.
FAQs
How much does an LPA cost, including the Office of the Public Guardian fee?
At Rogers & Norton, we offer a fixed fee for preparing Lasting Powers of Attorney, so you’ll know the legal costs involved from the outset.
In addition to our legal fees, a registration fee is payable to the Office of the Public Guardian for each LPA you register. Reductions or exemptions from the registration fee may be available depending on your financial circumstances.
Please contact our Private Client team for details of our current LPA fees and the latest Office of the Public Guardian registration fee.
How long does it take to register an LPA?
Once a Lasting Power of Attorney has been completed and signed by everyone involved, it must be registered with the Office of the Public Guardian before it can be used.
Registration can take several weeks and timescales can vary, particularly if there are errors in the application or objections are raised. We therefore recommend putting LPAs in place well before they’re likely to be needed rather than waiting until circumstances become urgent.
Our Private Client team will prepare the documentation and guide you through the registration process.
Can I set up an LPA if a loved one has already lost mental capacity?
A person must have sufficient mental capacity to make a Lasting Power of Attorney. If your loved one has already lost the capacity required to make an LPA, unfortunately it’s too late to put one in place.
Instead, it may be necessary to apply to the Court of Protection for a Deputyship Order. If appointed, a deputy can make certain decisions on behalf of someone who is unable to make those decisions themselves.
Our Private Client team can advise you on whether a Deputyship application is appropriate and guide you through the process.
Do I need both a Property & Financial Affairs LPA and a Health & Welfare LPA?
You don’t have to make both types of LPA, but they cover very different decisions and many people choose to put both in place.
A Property and Financial Affairs LPA allows your attorneys to deal with matters such as your bank accounts, bills, investments and property.
A Health and Welfare LPA allows your attorneys to make decisions about matters such as your care, medical treatment and where you live if you no longer have the mental capacity to make those decisions yourself.
Having both can provide more comprehensive protection. We’ll explain the differences and help you decide which arrangements are appropriate for you.
Who can I choose as my attorney, and can I choose more than one?
Your attorney should be someone you trust to act in your best interests. This could be your spouse or partner, an adult child, another relative or a close friend.
You can appoint more than one attorney. If you do, you’ll need to decide whether they should make decisions together, independently, or in a combination of the two depending on the decision being made.
You can also appoint replacement attorneys who can step in if one of your original attorneys is no longer able to act.
Choosing your attorneys is an important decision, and we’ll talk you through the different options when preparing your LPA.
What’s the difference between an LPA and a Deputyship?
The main difference is when the arrangements are put in place and who makes the decision about who should act.
A Lasting Power of Attorney is made by you while you still have the mental capacity to do so. It allows you to choose the people you trust to act as your attorneys should you need their help in the future.
A Deputyship may be required when someone has already lost mental capacity without an appropriate LPA in place. An application is made to the Court of Protection, which decides whether to appoint a deputy and what authority they should have.
The Deputyship process is generally more involved than making an LPA in advance, which is one of the reasons we encourage clients to consider LPAs as part of their future planning.
Ready to put a Lasting Power of Attorney in place?
Planning ahead today can make things considerably easier for you and your family in the future.
If you’d like to discuss making a Property and Financial Affairs LPA, a Health and Welfare LPA or both, our Private Client team is here to help.
We’ll take the time to understand your circumstances, explain your options and make the process as straightforward as possible.
Contact Rogers & Norton today to arrange an appointment with our Private Client team in Norwich, Attleborough or Dereham.