Protecting Your Future with Expert, Compassionate Legal Guidance
Planning for the future is one of the most important decisions you can make — not just for yourself, but for the people you love. A Lasting Power of Attorney (LPA) gives you control over who makes decisions on your behalf if you ever become unable to do so yourself, whether through illness, accident, or cognitive decline.
At Sampson Bailey Solicitors, we guide individuals and families through the LPA process with clarity, sensitivity, and expertise — ensuring your wishes are protected and your loved ones are empowered to act when it matters most.
A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more trusted people (your attorneys) to make decisions on your behalf. It is governed by the Mental Capacity Act 2005 and must be registered with the Office of the Public Guardian (OPG) before it can be used.
There are two distinct types of LPA:
Both types require separate documents and must each be registered individually. Creating an LPA while you have full mental capacity is essential — once capacity is lost, it is too late to make one.
This LPA allows your attorney to manage:
This LPA allows your attorney to make decisions about:
Your attorney must be aged 18 or over, mentally capable, and not bankrupt (for financial LPAs). You can specify how attorneys act:
You can appoint replacement attorneys who step in if an original attorney can no longer act — due to death, incapacity, or resignation. The LPA also requires a certificate provider who confirms:
Creating and registering an LPA involves several steps. We manage the process from start to finish:
The OPG registration process currently takes several weeks. We submit at key stages including:
We ensure your application is submitted correctly the first time — avoiding costly delays or rejection by the OPG.
If you lose mental capacity without an LPA in place, a family member must apply to the Court of Protection to become your deputy. This process:
A properly registered LPA avoids all of this — giving your family certainty and authority from day one.
Failing to put an LPA in place — or getting it wrong — can have serious consequences:
Acting early avoids all of this. We help clients plan proactively — before a crisis arises.
We understand that planning for incapacity can feel overwhelming or emotionally difficult. We approach every case with patience, discretion, and genuine care for your wellbeing and future.
We ensure your voice is heard — even when you can no longer speak for yourself.
LPA matters can affect every aspect of your life and your family's:
We support clients and their families with clear, compassionate communication and practical legal expertise at every stage of the process.
When creating your LPA, consider:
Possible outcomes of acting now vs. later:
The best time to create an LPA is now — while you have full capacity and complete freedom of choice.
Yes, in many cases — provided you still have mental capacity at the time of signing. We will assess capacity carefully and ensure the document is properly executed. Early action is always advisable.
We strongly recommend both. A Property & Financial Affairs LPA and a Health & Welfare LPA cover different aspects of your life. Having only one leaves important decisions unprotected.
Yes. You can include specific instructions and preferences within the LPA to guide or limit your attorney's powers. We will advise on how to phrase these clearly and legally.
You cannot amend a registered LPA. If you wish to change your attorney, you must create a new LPA and revoke the old one — provided you still have mental capacity to do so.
The OPG oversees attorneys and can investigate concerns. An attorney can be removed by the Court of Protection if they are found to be acting against your best interests. We advise on how to build in safeguards from the outset.
The OPG currently processes applications in several weeks. We submit applications promptly and follow up on your behalf throughout to ensure no unnecessary delays.
EPAs were replaced by LPAs in 2007. Any EPA made before October 2007 may still be valid but cannot be used for health and welfare decisions. If you have an old EPA, we can advise on whether it remains fit for purpose.
An English and Welsh LPA only covers England and Wales. If you have assets or property in another jurisdiction, separate legal arrangements may be needed. We can advise on cross-border considerations.
A Lasting Power of Attorney is one of the most valuable documents you will ever put in place. The best time to create one is now — while you have full capacity and complete freedom of choice. Whether you are planning ahead for yourself, helping an elderly parent, or facing an urgent situation, Sampson Bailey Solicitors is here to help.
Or complete our online form and one of our probate specialists will respond promptly.
