Lasting Power of Attorney Solicitors in Cardiff.

Attorneys must act in your best interests and follow the principles of the Mental Capacity Act 2005 — they cannot simply do as they please. While you have capacity, a property and financial affairs attorney should generally follow your instructions and wishes. Once capacity is lost, attorneys must still consider your past wishes, feelings, beliefs, and values when making decisions. A health and welfare attorney can only act once capacity is lost and must consider what you would have wanted. Attorneys who misuse their powers — financially or otherwise — can be investigated by the Office of the Public Guardian and removed by the Court of Protection. Choosing trustworthy attorneys and including clear guidance in the LPA reduces the risk of misuse.

Yes — as long as you have mental capacity, you can revoke an LPA at any time. Revocation must be done in writing and the OPG must be notified; the original registered document should be destroyed. An LPA also ends automatically on your death, or if you divorce or dissolve a civil partnership with an attorney spouse or civil partner (unless the LPA specifies otherwise). An attorney can also disclaim — formally give up — their role, in which case a replacement attorney steps in if one has been appointed. If you have concerns about how an attorney is acting, you can apply to the Court of Protection to have them removed, even if you no longer have capacity to revoke the LPA yourself.

Yes — you can appoint multiple attorneys, and specifying how they make decisions is one of the most important choices in the LPA. Attorneys can be appointed to act jointly — meaning all must agree on every decision, which provides the strongest safeguard but can be impractical; jointly and severally — meaning each can act alone, which is more flexible but reduces the checks on individual attorneys; or jointly for some decisions and jointly and severally for others. You can also appoint replacement attorneys to step in if an original attorney is unable to act. Thinking carefully about these arrangements — and taking legal advice — helps avoid disputes and practical difficulties later.

Possibly — the test is whether you have capacity at the time of making the document, not a general assessment of your health or diagnosis. Many people with early-stage dementia, a recent stroke, or other conditions affecting cognition retain sufficient capacity to make a valid LPA. Capacity is decision-specific: the question is whether you understand what an LPA is, what powers you are giving, who you are appointing, and what the consequences are — at the moment of signing. If there is any doubt, a solicitor can advise on how to proceed and may recommend that a capacity assessment is carried out by a medical professional to support the document. Acting promptly after any diagnosis that may affect capacity in the future is strongly advisable.

Making an LPA involves completing the prescribed form, having it signed by you, your attorneys, and a certificate provider — an independent person who confirms you understand the document and are not being pressured. The completed form must then be registered with the Office of the Public Guardian (OPG) before it can be used. Registration can take up to 20 weeks, though the OPG is working to improve processing times. An LPA cannot be used until it is registered — which is why making one well in advance, rather than waiting until it is urgently needed, is strongly advisable. A solicitor can prepare the forms, advise on the key decisions, and ensure the document is correctly executed.

Registration with the Office of the Public Guardian currently takes up to 20 weeks from the date of application, though timescales vary. The OPG has been working to reduce waiting times, including through a new online registration system. There is a mandatory four-week waiting period built into the process during which objections can be raised. An LPA cannot be used until registration is complete — which means an LPA made in response to an immediate health crisis is unlikely to be ready in time. Making LPAs while in good health, long before they are needed, is the only reliable way to ensure they are available when required.

There are two cost elements: the OPG registration fee, currently £92 per LPA (so £184 for both types), and solicitor fees for preparing and advising on the documents. We charge by the hour and provide a written cost estimate at the outset. Fee remission or exemption from the OPG registration fee may be available if you receive certain means-tested benefits — the OPG can confirm eligibility. The cost of making LPAs is modest compared to the cost of not having them: if no LPA is in place when capacity is lost, the family must apply to the Court of Protection for a deputyship order, which is significantly more expensive and time-consuming.

Without an LPA, no one has automatic legal authority to manage your finances or make decisions about your care — not even a spouse or adult child. To gain that authority, a family member must apply to the Court of Protection to be appointed as a deputy. The deputyship process is significantly more expensive, slower, and more restrictive than having an LPA: it typically takes six months or more, costs considerably more in court fees and legal costs, and deputies are subject to ongoing supervision and annual reporting requirements. Meanwhile, bank accounts may be frozen, bills may go unpaid, and care decisions may be delayed. Making an LPA while well avoids all of this — it is one of the most practical steps anyone can take.

A lasting power of attorney (LPA) is a legal document that gives one or more people — your attorneys — the authority to make decisions on your behalf if you lose the mental capacity to make them yourself. There are two types: one covering property and financial affairs, and one covering health and welfare. An LPA can only be made while you have mental capacity — once capacity is lost, it is too late. Without an LPA in place, your family may have no legal authority to manage your finances or make decisions about your care, however urgent the need. Making an LPA while you are well is one of the most important steps in planning for the future — it protects both you and the people who would otherwise have to manage without one.

A property and financial affairs LPA authorises your attorneys to manage your money, bank accounts, investments, property, and financial decisions. It can be used while you still have capacity if you choose — for example, if you want help managing finances or are temporarily incapacitated. A health and welfare LPA authorises your attorneys to make decisions about your medical treatment, care arrangements, where you live, and your day-to-day wellbeing. It can only be used once you have lost mental capacity. The two documents are separate and must be registered independently. Most people benefit from having both — financial and health decisions often arise together in a crisis, and having only one type can leave significant gaps.

Enduring powers of attorney (EPAs) were replaced by LPAs in October 2007, but EPAs made before that date remain valid and can still be used. EPAs covered property and financial affairs only — there was no equivalent of a health and welfare LPA under the old system. EPAs do not need to be registered until the donor is losing or has lost mental capacity; LPAs must be registered before they can be used at all. If you have an EPA made before October 2007, it remains valid but covers a narrower range of decisions than an LPA — you may wish to consider making a health and welfare LPA to fill the gap. No new EPAs can be created.

Anyone aged 18 or over who has the mental capacity to understand what they are signing can make an LPA. Mental capacity for this purpose means understanding what an LPA is, what powers it gives, who you are appointing, and what the consequences are. There is no requirement to be in good health — many people make LPAs after a diagnosis of a condition that may affect their capacity in the future, such as early-stage dementia. What matters is capacity at the time of making the document, not a general state of health. A solicitor can advise on whether capacity is likely to be an issue and how to document it appropriately.

Your attorney should be someone you trust completely to act in your best interests — typically a spouse, civil partner, adult child, or close friend. They must be 18 or over and, for a property and financial affairs LPA, must not be subject to a debt relief order or declared bankrupt. Choosing an attorney is a serious decision: they will have significant legal powers over your affairs, and choosing someone unsuitable — however well-intentioned — can cause real harm. Consider whether your chosen attorney is organised, honest, capable of making difficult decisions, and able to act impartially if family relationships are complicated. Appointing more than one attorney, with clear instructions on how they are to act, provides an important safeguard.