Lasting Powers of Attorney (LPAs)

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf.

Our Lasting Powers of Attorney Solicitors are here to help

What is a Lasting Power of Attorney?

A lasting power of attorney (LPA) is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions. This is known as lacking mental capacity.

There are 2 types of LPA’s

health and welfare

Use this LPA to give an attorney the power to make decisions about things such as:

– your daily routine
– medical care
– moving into a care home
– life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

property and financial affairs

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

– managing a bank or building society account
– paying bills
– collecting benefits or a pension
– selling your home

It can be used as soon as it’s registered, with your permission.

You can choose to have one LPA or both. There is a fee payable to the Office of Public Guardian of £84.00 unless you are exempt. For more details on how we can support you, contact our Wills and Lasting Powers of Attorney team today.

Our Wills and Lasting Powers of Attorney Solicitors can also help you with:

We are WIQS Accredited

The Wills and Inheritance Quality Scheme (WIQS) accreditation is a best practice quality mark for wills and estate administration advice.

Being WIQS accredited means we have the expertise to deliver wills and inheritance advice, use standardised processes to recognise and reduce risks and educate clients about what to expect when buying wills and inheritance advice.

Your Lasting Powers of Attorney (LPAs) Team

Wills and Lasting Powers of Attorney FAQs

Can my executors also be my beneficiaries?

People often ask this question, and the answer is yes! There is no issue with naming executors who are also beneficiaries.

If I make a will is there a record of it?

No, there is no central record for wills. If you make a Will it is really important to make sure that you tell your friends or family that you have done so and where it is held. If you do not want to tell anyone, then it is a good idea to keep the non-confidential paperwork from the solicitor, somewhere obvious in the house, so that it would be clear to anyone looking, which solicitors you have used in the past and that would then be the first point of call. However, the National Will Register are advising people to register for the following benefits.
The National Will Register, which is operated by Certainty and is endorsed by The Law Society of England & Wales, and helps ensure that after a death a Will, and the last version of it, can be found. Today over 8 million Wills are now in the registration system. This means that after someone dies and before probate is granted, a Will can be located for a loved one and only by a person named in the Will (the executors and beneficiaries).
Registering a Will is a vital process that prevents families, beneficiaries and executors suffering additional stress because they either cannot find the Will, are not sure if they hold the last Will or are unaware if a Will was ever written.
Being able to locate a Will quickly after a death removes the additional emotional turmoil the family can face hunting through their loved one’s possessions. If they do find a copy of a Will, they then have to work out if it is indeed the last Will written and will need to understand where the original is stored, as the original document will be required to distribute the estate. This can be very distressing and create unnecessary uncertainty at a difficult time.

HSR Law are members of the National Will register and registration is free and included in our fees. 

What if I have a property abroad? Can my English Will cover that to?

Our advice is that is best practice to make a will in each country that you own property.  You must ensure that you always advise your solicitor of your other will(s), so that the appropriate wording can be used, so as not to inadvertently revoke any foreign will(s).

I am married so surely I don’t need a will?

If you are married, or in a civil partnership and you have children but no will in place, then the intestacy rules would dictate the division of the estate between your spouse and children. The first £322,000 (known as the Statutory Legacy) would pass to your spouse, then the rest of your estate would be split between your spouse and your children.  These arrangements might be wholly unsatisfactory for your surviving spouse. A will ensures that you control the distribution of your assets.

What is the current tax threshold for inheritance tax?

An individual has an allowance of £325,000. This is transferable between spouses and civil partners, which equates to £650,000 on the second death. There is also a ‘residence’ nil rate band, this is £175,000. You might need advice about the residence nil rate band, as it is quite complicated and is not simply available across the board. Its’ availability will depend on various factors, such as whether your estate is left to lineal descendants and the size of your estate on death.  

What is a beneficiary?

A beneficiary is someone who is named in the will as someone who will receive a benefit or gift from the person who has died.

What is a Grant of Probate and why is it needed?

A Grant of Probate is a Legal document issued by the Probate Registry. It is usually needed and requested by financial institutions to close bank accounts, sale sole assets such as property and settle debts of the deceased. Once Probate has been granted this gives the Executor the authority to administered the estate. If the deceased did not leave a Will, then the Personal Representatives (another name for Executors) would apply for a Letters of Administration in the same way. 
A Grant of Probate is not always needed. For example, joint assets and joint bank accounts would likely transfer by survivorship.

What are the intestacy rules?

What happens if you die without a will?
Are you aware that if you die without a will, then there is a statutory framework in place, dictating who gets your estate? 
Where a person dies without a will is married, or in a civil partnership and does not have children, all of the estate passes to the surviving spouse or civil partner. 
If the person who dies without a will has both a spouse, or civil partner and children, then the surviving spouse or civil partner takes the statutory legacy (currently £322,000), personal belongings and half of the residuary estate. The other half of the residuary estate passes to the intestate’s children. 
If you are not married, or in a civil partnership, but have children then the estate passes to children.  
If you die without a will it is quite likely that these statutory provisions will be less than ideal for your personal circumstances. They may also cause practical problems for those you leave behind and may lead to loved ones having to consider court action. 
A common misconception which prevails, is that a cohabitee has automatic rights to their partner’s estate on death, if they have lived together for many years. This is not the case and the latest intestacy provisions, which were updated in 2014 did not change that. If you are living with a partner then it is vital that you consider what would happen on the death of either one of you and make sure that you have the right arrangements in place, through a valid will. 
Another important consideration that people need to be aware of is that if you die, separated from your spouse or civil partner, then your whole estate would pass to them, unless you are actually divorced. 
Clearly nothing beats taking the time to consider your personal circumstances, assess your financial position and take stock of who you need to provide for. Then seek the advice of a qualified, insured solicitor to prepare a will that meets with all of your requirements.

What is residence nil rate band?

The ‘residence nil rate band’, is an allowance applicable to the main residence passing on death, to direct descendants, and is £175,000. This allowance is only applicable to the main residence and those who are married, or civil partners and is in addition to the existing £325,000 allowance. So if you can apply it, you are looking at a potential overall inheritance tax threshold of £1,000.000 between a married couple, or civil partners. 
It will not be available where the home is left to other family members, who are not direct descendants of the deceased. The allowance is also subject to tapering if you are worth more than £2,000,000. So it is not an allowance that is guaranteed for everyone, unlike the individual nil rate band allowance of £325,000. 
This is not ideal for those with a modest house, who have significant investments and savings, nor for those who are leaving their properties to nephews and nieces, for example. 
If you require information about the inheritance tax allowances, then please contact one of our experiences probate staff.


I’ve used the branch at Gainsborough for many years for Wills, LPAs, Land Registry and Probate. I’ve found them to be very professional whilst still remaining friendly, sympathetic and helpful. I have no hesitation in recommending them.

— Lasting Powers of Attorney Client

Could not have had a better service. Emma went out of her way to speed this through. Outstanding service.

— Lasting Powers of Attorney Client

Emma Peniston gave excellent advice and completed the work on my LPA very quickly.

— Lasting Powers of Attorney Client
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