Powers of Attorney

Protecting Your Future & Your Family

A Lasting Power of Attorney (LPA) is one of the most important legal tools for protecting yourself and your loved ones. At Hewetts Solicitors, we help clients prepare LPAs correctly, avoiding common pitfalls that can lead to disputes, misuse, or court involvement.

What an LPA Does

An LPA allows someone you trust (an attorney) to make decisions on your behalf if you lose the ability to do so. There are two types:

1. Property & Financial Affairs LPA – manages money, property, bills, pensions, and investments.
   
2. Health & Welfare LPA – covers care decisions, medical treatment, and living arrangements.
   

Both must be registered with the Office of the Public Guardian (OPG) before use. Attorneys must always act in the donor’s best interests.

Responsibilities and Limits

• Attorneys must avoid conflicts of interest and act in accordance with your expressed wishes.
  
• They cannot make or amend a will on your behalf; if your wishes need to be changed, a Statutory Will application to the Court of Protection may be required.
  
• Large gifts or financial transactions may require OPG approval.
  
• Proper record-keeping is essential; failure to comply can result in investigation, removal, or liability for losses.
  

Why Planning Matters

Creating an LPA early ensures peace of mind. Without one, family members may need to apply to the Court of Protection to make decisions for you—a process that is time-consuming, expensive, and stressful.

For families, LPAs provide certainty. They clarify who can act, under what circumstances, and how decisions should align with your values. They also prevent disputes between relatives over financial or health decisions.

Practical Steps for Clients

1. Choose attorneys carefully – ideally trusted family members or professionals who understand your wishes.
   
2. Prepare guidance letters – provide clarity about how decisions should be made, especially for health, lifestyle, or financial management.
   
3. Register LPAs with the OPG – this is mandatory before they can be used.
   
4. Review periodically – life circumstances change; ensure your attorneys and instructions remain appropriate.
   
5. Separate from wills – an LPA complements, but does not replace, your will. Ensure both are consistent and reviewed regularly.
   

How Hewetts Can Help

Our Private Client team assists with:

• Drafting and registering LPAs.
  
• Advising attorneys on duties and responsibilities.
  
• Preparing Statutory Will applications when necessary.
  
• Addressing disputes, misuse, or suspected financial abuse.
  

A properly drafted LPA provides reassurance that your affairs will be managed responsibly, in accordance with your wishes, and without placing unnecessary burden on family members. Early planning can prevent complications and protect your family’s future.

For more information please contact Tim Butcher at t.butcher@hewetts.co.uk or 0118 955 9610

Published on 23/10/2025