Lasting Power of Attorney

Protect your wishes, safeguard your business. LPAs are a valuable tool for personal and financial security.


Can my next of kin make decisions for me?

‘Next of kin’ is a medical term used primarily in health care settings to consider the views of family members should a decision need to be made about treatment. It does not create a legal authority to make decisions on that person’s behalf, and does not grant that person power to make all decisions that may need to be made as an LPA can do.

Is it too soon to set up a Lasting Power of Attorney?

An LPA can be made by anyone over the age of 18 at any time, provided that you have mental capacity at the time that you make it. We encourage clients to consider making LPAs sooner rather than later as sadly capacity can be lost quite suddenly, for example, from a stroke or car accident.

Can an LPA be cancelled?

An LPA can be cancelled as long as the person who set up the LPA still has capacity.

I have previously made an Enduring Power of Attorney – can I still use this?

LPAs have replaced the old form of Enduring Powers of Attorney (EPAs).  EPAs did not require registration until you had lost capacity, and so it would most likely be the case that if you previously put an EPA in place, you will need to register it in order for it to be effective.  It is of course still possible to register your EPAs with the OPG, provided that you are still happy that is represents your current wishes.

What happens if a family member has lost capacity without having made an LPA?

In this case, it is not possible for them to make an LPA and you will need to follow a process with the Court of Protection to become appointed as deputy instead.


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Client of Jolyon Barton
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Meet the Lasting Power of Attorney Team

Meet the Lasting Power of Attorney Team