Power of attorney solicitors

Our team of power of attorney solicitors draw on many years of experience when advising individuals and families on making a lasting power of attorney (LPA) and their expertise extends way beyond drafting documentation to the highest standard (although that is a given).

We also have the acumen and sensitivity to navigate complex medical needs and financial arrangements, foreign interests and even differences of opinion, to secure a pragmatic, actionable solution in the best interests of those concerned,

So, for expert legal advice and support on any aspect of making a lasting power of attorney, however complicated, get in touch online or call 0800 652 8025 to speak to one of our experienced solicitors.

Why set up a lasting power of attorney

A lasting power of attorney (or LPA) is a document that outlines the decisions you would like your nominated attorney to make on your behalf, if you were to lose mental capacity in the future.

There are two types of lasting powers of attorney:

Health and welfare lasting power of attorney: this gives your attorney power to make decisions affecting your personal welfare such as where you live.
Property and financial affairs lasting power of attorney: this gives your attorney power to manage your finances.

How we can help you set up a lasting power of attorney

There are a number of steps to creating a valid lasting power of attorney. We can guide you through the process and help you draw up a lasting power of attorney document that accurately reflects your wishes. This includes:

Helping you understand the different types of powers that can be given to attorneys through a lasting power of attorney
Advising you on how best to structure your lasting power of attorney document
Helping you choose the right attorney(s) for you
Drafting the lasting power of attorney including bespoke clauses to reflect your personal situation
Acting as a certificate provider certifying that you have understood what your lasting power of attorney entails
Helping your nominated attorney(s) complete their paperwork – to confirm they are willing to act for you
Registering your lasting power of attorney with the Office of the Public Guardian

How we can help your attorneys

Advise your attorneys on what they can and cannot do
Suggest possible things to look out for, such as how to deal with disputes with friends or relatives concerning the power of attorney
Advocate good record keeping and offer advice on the preparation of financial accounts
If necessary, explain to the attorney how we can help to apply for additional powers through the Court of Protection, including the authority to make gifts.

Powers of attorney and foreign assets

If you have assets abroad, there is no guarantee your UK lasting power of attorney will be recognised in the country where your assets are held. Even if it is, further action may be required, such as translation or the addition of an ‘apostille’ to confirm its authenticity.

We can liaise with lawyers in other jurisdictions at a time where you have mental capacity and take their view on the best course of action as to how best to protect your foreign assets. It may be that a UK lasting power of attorney would suffice, or, it may be advisable for you to grant a similar power in the jurisdiction in which your assets are held.

Overseas powers of attorney in the UK

If a power of attorney was created in another jurisdiction, it may not automatically be accepted in England and Wales. In order to act on behalf of the person who created the overseas power of attorney, you will need to apply to the Court of Protection for official confirmation that the power of attorney is valid under English law.

Our dedicated specialist team of Court of Protection solicitors can guide you through this process from start to finish and advise you on any other aspect of applying a foreign power of attorney under English law.

Power of attorney – frequently asked questions

What’s the difference between a power of attorney (POA) and a lasting power of attorney (LPA)?

Both a power of attorney and a lasting power of attorney enable you to appoint someone to act on your behalf. However, they are used for different purposes and differ in a number of ways:

Purpose: A power of attorney (POA) is used to give someone the authority to manage your finances or a specific financial transaction on a temporary basis. Whereas a lasting power of attorney (LPA) gives someone the authority to deal with your affairs if you become unable to manage them yourself at any point in the future.
Mental capacity: A POA can only be used when you have the mental capacity to make decisions for yourself. If you lose mental capacity, it becomes invalid. An LPA will only come into effect if you lose mental capacity.
Use: A POA can only be used for financial affairs whereas an LPA can cover your health and welfare or your property and financial affairs.
Duration: A POA is typically effective immediately and remains in place until you revoke it or a specified date. Conversely, an LPA only comes into effect on your instruction or if you lose mental capacity and will remain in force until you revoke it or you die.
Registration: An LPA must be registered with the Office of the Public Guardian before it can be used, however a power of attorney generally doesn’t need to be registered.

Who should you appoint as your attorney?

You should appoint someone you trust as your attorney. Provided they’re over 18 and have the mental capacity to make decisions independently, you can choose whoever you like – for example, your spouse, partner, family member or a close friend.

Alternatively, you could appoint a professional attorney through a trust corporation. This can avoid the costs and inconvenience of replacing an attorney if they fall ill or die and can be particularly helpful if your attorney has to deal with complex financial or health-related matters.

Additional advantages of using a professional attorney are the trust corporation’s expertise in handling lasting powers of attorney and their ability to respond quickly.

Can you set up an LPA if someone already lacks mental capacity?

No. You can only make a lasting power of attorney whilst you have mental capacity. However, if you lack mental capacity and don’t have a lasting power of attorney in place, then a friend or relative can apply to the Court of Protection to become a deputy to make decisions on your behalf. However, drawing up an LPA is a quicker, and cheaper process than.

Contact our lasting power of attorney solicitors

For advice on setting up a power of attorney or lasting power of attorney, including in circumstances involving complex family situations and international matters, call our specialist team now on 0800 652 8025 or contact us online. Your initial consultation is free and there’s no obligation to go further.

We have teams based in Bristol, Cardiff, Manchester, Southampton, Taunton, London and Birmingham.

Recommendations

‘Clarke Willmott have been excellent. Everything raised has been handled with prompt and personal attention. No areas that cannot be handled. Very happy with the service.’ – The Legal 500 2025

‘They know their subject and get it across immediately.’ – The Legal 500 2025

Your key contacts

Rebecca Clarke

Senior Associate

Manchester

Rebecca is an experienced solicitor dealing with all aspects of private client work from capital taxes planning and Court of Protection work, to advising private family charitable trusts to dealing with contested probate cases.

View profile for Rebecca Clarke >

Georgia Collier

Associate

Bristol

Georgia is an Associate in our Bristol Private Capital team specialising in estate planning, Wills and trusts

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Jacqui Lazare

Partner

Bristol, Southampton and London

Jacqui advises private clients on UK-based tax and estate planning, estate administration and philanthropy and also advises charities on a range of issues.

View profile for Jacqui Lazare >

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