Questions and answers

A Lasting Power of Attorney (LPA) is a legal document for England and Wales. It lets you choose people you trust ('attorneys') to make decisions for you. A health and welfare LPA can only be used if you can't make a decision yourself. A property and financial affairs LPA can also be used while you can still decide, with your permission, if you choose that option. 'Attorney' here doesn't mean a lawyer.

Yes. A relative often makes the first enquiry. We will then speak directly with the person making the LPA before we accept any paid work, because the LPA is their decision.

We normally have your LPA drafted and ready for your review within a few working days of receiving your details. Once you're happy with it, the document must be signed and witnessed in a specific legal order. Registration is then carried out by the Office of the Public Guardian rather than by us. The OPG currently states that registration takes 8 to 10 weeks from the date it receives a correctly completed application. This timescale is set by the OPG and can be longer at busier periods or if there is a query on your application. Your LPA cannot be used until it has been registered.

A registered LPA has no expiry date and never needs renewing. It lasts until you die, or until you cancel it, which you can do at any time while you still have the mental capacity to make that decision. It can also end in a few other situations, such as your attorney becoming unable or unwilling to act with no replacement appointed, or the Court of Protection cancelling it.

Yes. Everything you share with us is treated as confidential and handled in line with the UK GDPR and the Data Protection Act 2018, and we are registered with the Information Commissioner's Office. Your information is held securely, access is limited to the people working on your LPA, and we never sell your data or pass it on for marketing. We share your details only where it is necessary to prepare and register your LPA, for example with the Office of the Public Guardian, your chosen attorneys and your certificate provider, or where the law requires us to. Full details are set out in our Privacy Policy.

A will says what happens after you die. An LPA is about decisions during your lifetime, if there comes a time when you cannot make them yourself.

You can make an LPA yourself with the free GOV.UK service and pay the OPG fee (£92 per LPA). We do the work with you: we talk it through, prepare the forms, send a tabbed signing pack, check every signed page, send it to the OPG and deal with any OPG questions. If the OPG returns your LPA because of our mistake, we put it right and pay any resubmission fee.

The LPA must be their own decision. We'll speak to them directly, ideally on their own for part of the call. They choose their attorneys and certificate provider, check the draft, and sign in front of a witness. You're welcome to help with the paperwork.

Many people make an LPA while they can still understand what it means, even with some memory problems. We don't assess capacity ourselves. If we have concerns, we'll pause and suggest speaking to their GP or a solicitor. If someone can no longer make the decision, an LPA isn't possible, and a family member may need to apply to the Court of Protection.

Someone aged 18 or over who has known you well for at least two years, or a professional such as your GP or a solicitor. They can't be an attorney, a member of your or an attorney's family, your or an attorney's partner, business partner or employee, or someone who owns or works at your care home.

To make sure we're preparing the LPA for the right person and to protect you from fraud. We check them, record that we've checked them, and delete our copies 30 days after your LPA is registered.

No. Everstead Planning Ltd prepares LPA forms and handles the paperwork. We're not a law firm and we don't give legal advice. If your situation needs legal advice, we'll tell you.

£195 for one LPA or £295 for both, plus the OPG registration fee of £92 per LPA. No VAT is added to our fees.