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No one wants to imagine a time when they lose their ability to make decisions. But life is unpredictable, and planning ahead is the only way to secure your future. If this sounds familiar, chances are you’ve already started looking into making a lasting power of attorney (LPA).
Setting up an LPA in South Wales requires special consideration due to the region’s varied regulations. This guide answers common questions you might have about setting up an LPA in South Wales. Keep reading to get LPA advice in South Wales and make informed decisions.
Why Should I Make an LPA?
A lasting power of attorney, or LPA, is a legal document that allows you (the donor) to appoint a trusted individual(s) to make decisions for you should you become incapacitated or vulnerable in the future. The person you appoint will be called the Attorney or the donee. You can appoint a relative, friend, or professional to make decisions on your behalf.
The most important reason to make an LPA is the ability to choose your decision-makers. It will give you indirect control over your future care and spare your family the lengthy court proceedings.
Can I Appoint More Than One Individual?
Yes! You can nominate more than one individual in your lasting power of attorney (LPA). You can even have separate LPAs for different matters, such as property division or health.
That said, appointing two LPAs means setting some ground rules. You need to specify if they act:
Jointly – all Attorneys work together and sign off on each decision, or
Jointly and severally – Attorneys can make decisions together or individually.
You can also name backup Attorneys for each primary one.
Clearly define their roles and how they should handle affairs to avoid disputes. Avoid appointing more than two Attorneys, as too many cooks spoil the broth.
What Happens If I Don’t Make an LPA?
When evaluating the importance of an LPA, a lot of people wonder what exactly happens if they don’t make one.
First off, you lose control over your decisions if the worst happens. Your family (next-of-kin, spouses, children) won’t automatically have the power to make decisions for your welfare. Instead, they would have to apply to the Court of Protection for a deputy. This is generally a lengthy and costly process. The worst part? You still cannot choose who makes decisions for you.
Overall, the absence of an LPA creates confusion and stress for you and your family.
What are the Different Types of LPA?
There are two types of LPA you can make:
Financial & Property LPA
Your appointed Attorney has the power to make financial decisions on your behalf. This involves managing money, selling property, or paying bills.
Health & Welfare LPA
It gives your Attorney the ability to make decisions about your health and day-to-day care. This includes medical treatment, care provisions, and your daily routine.
When Does it Start?
This is where things get a little complicated. There are two situations:
A Financial & Property LPA can come into effect immediately after it is registered with your permission for your Attorney to help with finances, or only when you lose mental capacity.
However, a Health & Welfare LPA can only take effect when you lack mental capacity.
Why Should I Hire a Solicitor?
A lot of people get confused here. You need to hire an independent solicitor to make sure your LPA is clear and tailored to your requirements. Here’s why you should hire an LPA solicitor:
- They will explain different types of LPAs and help you choose the one that best suits your circumstances.
- They will gather necessary information from you and your soon-to-be appointed Attorney(s).
- They will submit the application and handle all the paperwork.
- They will guide you through selecting your Attorney(s).
- They will register the LPA with the Office of the Public Guardian.
Get legal advice from a reputable firm to streamline the process and make it stress-free.
What is the Cost?
The cost of setting up an LPA depends on your individual circumstances and the complexity of your estate plans.
As of 2025, you have to pay a mandatory £92 registration fee per document. This is paid to the Office of the Public Guardian (OPG). The cost of working with a solicitor varies. Always work with a solicitor who ensures total transparency.
Can I Update an Existing LPA?
Not exactly. Once an LPA has been registered with the OPG, it cannot be directly amended. You can, however, create a new LPA to make any changes. For instance, you might want to appoint different Attorneys or change your financial preferences.
Again, working with a reputable LPA solicitor can come in handy. They will guide you through the process of creating a new LPA to ensure your demands are met.
Legal Disclaimer: Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal professional. Please seek the advice of a legal professional if you’re facing issues regarding setting up a Lasting Power of Attorney.
David Prior
David Prior is the editor of Today News, responsible for the overall editorial strategy. He is an NCTJ-qualified journalist with over 20 years’ experience, and is also editor of the award-winning hyperlocal news title Altrincham Today. His LinkedIn profile is here.
