Interested in Making a Lasting Power of Attorney?

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Call us now on 0800 3 10 11 12 for a free no obligation chat.

Wherever you live in the UK, we can help. There is no need for us to meet up face to face.

You can communicate with us over the phone or video conference call (Zoom/WhatsApp/Facetime etc)

and by post or email and deal with matters from the comfort of your own home.

We only offer ‘free’ initial legal advice regarding Powers of Attorney to assess your legal position and get an overview of the situation.

Any advice given in these circumstances can only be in general terms and is not case specific.


We can help. Call us today FREE on 0800 3 10 11 12 or use our online contact form

Types of Lasting Power of Attorney

There are two types of Lasting Powers of Attorney:

  • A property and affairs Lasting Power of Attorney

All or specified matters concerning the donor’s property and affairs. Such as dealing with financial institutions, utility companies, entering into certain contracts and selling land.

Do not have authority to make a will, swear an affidavit on behalf of the donor, or litigate, unless as a litigation friend.

An Attorney does not have authority to make gifts unless on customary occasions, for example, birthday and wedding presents or on occasions where presents are customarily given within families or among friends or associates or to a charity to whom the donor made or might have been expected to make. Any gift must be reasonable in size in relation to the donor’s estate.

  • A health and welfare Lasting Power of Attorney

All or specified matters concerning the donor’s personal welfare. Such as medical treatment, social care, medication or where a person lives.

Only to be used when the donor is unable to make the decision for him or herself.

The donor must choose to give or not give his or her attorney authority to give or refuse consent to life-sustaining treatment. Life sustaining treatment is defined as “treatment that in the view of the person providing health care is necessary to sustain life” s4 (10) of the MCA 2005.

Do not have authority to authorise euthanasia.


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Your Attorney

As with any power of attorney, it is an important document and you should take care whom you appoint as they should be trustworthy and have appropriate skills to make the proposed decisions.  If you appoint more than one attorney, you can appoint them to always act together (jointly) or together or separately (jointly and severally).  You may even appoint them to act jointly for some things and jointly and severally for others, although this should only be done with advice, as it may cause problems when using the power.

You may also choose to appoint a successor to your attorney, in case they die or otherwise cannot act for you.

When can the Attorney act?

The attorney will only be able to act when the Lasting Power of Attorney has been signed by you and your attorney, certified by that person that you understand the nature and scope of the Lasting Power of Attorney and have not been unduly pressured into making the power.  The certificate will also need to confirm there has not been any fraud or another reason why you cannot make the power.  It must then be registered with the Office of Public Guardian before it can be used.  The property and financial affairs Lasting Power of Attorney can be used both when you have capacity to act, as well as if you lack mental capacity to make a financial decision.  The health and welfare power can only be used if you lack mental capacity to make a welfare or medical decision.

Existing Enduring Powers of Attorney

Any enduring power, validly made before 1st October 2007, can still be used but only in respect of your property and financial affairs.  If you wish to give authority over your health or welfare you will need to make a health and welfare Lasting Power of Attorney.

What happens if you have not made a LPA or EPA?

If you lack capacity to make a financial decision, then it may be necessary for an application to be made to the Court of Protection for an appropriate order, such as appointing another person to make decisions on your behalf.  This is both costly and time consuming.

Most care and treatment decisions can be made on your behalf without the need for a court application.  However, if you wish to avoid potential disputes, you can give a person(s) authority to make those decisions on your behalf by making a health and welfare Lasting Power of Attorney.


We can help. Call us today FREE on 0800 3 10 11 12 or use our online contact form

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Adrian Chambers - Seatons Solicitors

Power Of Attorney Specialists

Hello, my name is Adrian Chambers and I am a solicitor who specialises in creating and advising on Powers of Attorney.

I can offer a low cost legal service and aim to sort everything all out for you quickly and easily. Property and Affairs Power of Attorney is the most common one used and it gives you peace of mind should you ever need someone else to look after your affairs.

If you’re thinking about making a Power of Attorney, contact us via telephone on Corby 01536 276300 or use our online contact form.

Lasting Powers Of Attorney

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