Wills, Probate & Elderly Client

Lasting Powers of Attorney

Write a Lasting Power of Attorney

At Browell Smith & Co Solicitors we understand a loss of mental or physical capacity can occur at any time and cause difficult circumstances for our clients as well as their family and friends. The Mental Capacity Act 2005 deals with the appointment of attorneys by individuals.

A Lasting Power of Attorney allows you to delegate authority for financial and/or welfare decisions and legal decisions to one or more people who you trust known as attorneys. You can decide when your attorneys can act, you can provide them with specific guidance and you can restrict them to when they can act.

No one can guarantee that they will always be able, physically or mentally, to manage their own financial affairs. For example, if you are out of the country for extended periods, or in hospital, you may not be able to sign important documents in person. The Lasting Power of Attorney can give your attorneys authority to deal with these matters on your behalf.

Mental incapacity can arise at any time. If it happens, a Lasting Power of Attorney remains valid, provided that it has been registered at the Office of the Public Guardian.

Speak to our Experts

Get in touch to discuss your options

Lucy Brown

Associate Solicitor and Head of Wills & Probate

Gillian Imrie

Legal Clerk - Wills, Trusts & Elderly Client

Sebastien Reece

Trainee Solicitor - Probate

Our Fees


Single LPA£550 plus VAT
Couple LPA£750 plus VAT

The above fees are for LPA property and affairs and/or LPA health and welfare.

Wills & LPA(s) Package

Single Will plus LPA(s)£700 plus VAT
Mirror Wills plus LPAs£1000 plus VAT
Single Will with House Trust plus LPA(s)£950 plus VAT
Mirror Wills with House Trust plus LPAs£1300 plus VAT

Claiming Power of Attorney

We offer a fixed fee tailored package which includes:

  • Listening to you and taking your full instructions
  • Advice tailored to your personal circumstances
  • Drafting your Lasting Powers of Attorney
  • Attending upon you to explain your Lasting Powers of Attorney
  • Acting as certificate provider
  • Sending the Lasting Power of Attorney to your chosen attorneys and replacement attorneys
  • Registering your Lasting Power of Attorney with the Office of Public Guardian
  • Providing certified copies of the Lasting Power of Attorney

How do Lasting Powers of Attorney work?

Lasting Powers of Attorney can only be drawn up by someone who is mentally capable of doing so. Sometimes accidents or ill health mean that’s no longer possible.

If there is an Enduring or Lasting Power of Attorney already in place, then the Attorney can take over managing the relevant affairs of the person who no longer has the capacity, provided that the Power of Attorney is registered at the Office of the Public Guardian.

If there is no Power of Attorney, then someone, often a family member will have to apply to the Court of Protection to be appointed as the “Deputy” for the person who has lost capacity, known as the “Protected Person”.

This is quite a long and quite complicated process which can be expensive. It is therefore important to consider making a Lasting Power of Attorney whilst you have the mental capacity to do so. If however, you do not have mental capacity then please see our Court of Protection service. We would advise all clients to consider preparing one or both types of Lasting Power of Attorney to ensure you have appointed someone to manage your affairs if you lose mental capacity.

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