LPAs

A Will protects them after you’re gone.
An LPA protects you while you’re here.

Registered under the Mental Capacity Act 2005, a Lasting Power of Attorney gives someone you trust the legal authority to act for you if you lose mental capacity — due to stroke, accident, dementia, or any sudden change in circumstances.

Two Outcomes. One Decision.

What happens when someone loses mental capacity in the UK?

Under the Mental Capacity Act 2005, losing capacity without an LPA triggers a process that is slow, expensive, and entirely avoidable.

Without an LPA

1

Sudden stroke or diagnosis

If mental capacity is lost. No LPA can be created.

2

Bank accounts become inaccessible

Financial institutions cannot accept instructions from anyone without legal authority — including your spouse.

3

Application to Court of Protection

Family may apply for a Deputyship Order through the Court of Protection. The process can take many months before authority is granted.

4

Potential Costs of £1,500 – £3,000+

Court fees, solicitor costs, and annual supervision fees from the Office of the Public Guardian add up rapidly.

5

Medical decisions without your voice

Without a Health & Welfare LPA, clinicians consult next of kin — but have no legal obligation to follow their wishes.

5

Variable and potentially high costs

Court fees, legal costs, and ongoing supervision fees can make Deputyship significantly more expensive than putting an LPA in place.

With a Registered LPA

1

Sudden stroke or diagnosis

If mental capacity is lost, the registered LPA can be used immediately by the appointed attorneys

2

Your attorney steps in immediately

The person you chose (your spouse, child, or trusted friend) presents your registered LPA and acts on your behalf.

3

Bills and mortgage paid on time

No restricted accounts. No financial crisis layered on top of a medical one.

4

Your medical wishes are respected

Your Health & Welfare attorney speaks for you with legal authority granted by your LPA.

5

Your family focuses on caring for you

Not on court hearings, legal paperwork, or financial restriction.

Four risks every family should understand

If you were unable to make decisions for yourself tomorrow, would your family be prepared?

01

Assets may be restricted during a medical emergency

Banks and financial institutions in the UK are legally required to freeze accounts when a customer loses mental capacity, unless a registered Property & Financial Affairs LPA is presented. This can leave families unable to pay the mortgage, utility bills, or care costs during the most critical period of their lives.

02

Court of protection: 12–18 months between £1,500 – £3,000+

Without an LPA, your family may apply to the Court of Protection for a Deputyship Order — a process governed by the Court of Protection Rules 2017. It typically takes 12–18 months, incurs court application fees, solicitor costs, and then ongoing annual supervision fees paid to the Office of the Public Guardian.

03

Others making your medical decisions

A Health & Welfare LPA gives your chosen attorney legal authority over medical treatment, care arrangements, where you live, and life-sustaining treatment. Without one, the Mental Capacity Act 2005 “best interests” framework applies, meaning clinicians and potentially an Independent Mental Capacity Advocate (IMCA) may be consulted instead of those you trust.

04

You must have capacity to create one

This is the most critical point under the Mental Capacity Act 2005: an LPA can only be created and signed by a person who has mental capacity at the time of signing. Once a stroke, dementia diagnosis, or accident has removed that capacity, it is legally too late. There is no alternative except the Court of Protection.

PROTECT WHAT MATTERS

Both LPAs explained.

There are two types of LPA in England & Wales. We recommend registering both. The cost of having neither is incalculable.

From £350

Property & Financial Affairs LPA

Covers bank accounts, property, investments, pensions, and financial decisions. Can be used while you retain capacity (with your permission), or only upon loss of capacity.

From £350

Health & Welfare LPA

Covers medical treatment decisions, care home arrangements, where you live, and decisions about life-sustaining treatment. Only activates upon loss of mental capacity.

From £550

Both LPAs (Recommended)

The complete protection package. Covers financial and health decisions. Our most recommended option. Includes registration with the Office of the Public Guardian.

From £850

Will + Both LPAs Bundle

Comprehensive future planning protection in one package. A valid Will under the Wills Act 1837 plus both LPA types registered under the Mental Capacity Act 2005. Best value.

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