A Lasting Power of Attorney comes to an end when the person who made it (the donor) passes away. It can also end if the donor regains their mental capacity (if the LPA was activated because they had lost capacity). The donor can also choose to cancel ('revoke') the LPA while they still have mental capacity. In some situations, if an attorney becomes bankrupt or loses their own mental capacity, their role as attorney might also end.

EPA stands for Enduring Power of Attorney. These were replaced by Lasting Powers of Attorney (LPAs) in 2007. If you made an EPA before then, it's still valid. However, you can't make a new EPA now – you would need to make an LPA instead. LPAs are generally seen as more comprehensive and have more safeguards in place.

No, the witness and the certificate provider cannot be the same person. The witness is there to confirm that you signed the LPA without being pressured. The certificate provider has to confirm that you understand what the LPA is and what it means, and that you're not being forced into making it. These are two separate important checks.

POA usually refers to Power of Attorney. For a Lasting Power of Attorney (LPA) with Lyons Bowe, our fees start from £250 plus VAT. There are also additional costs called disbursements, which include an £82 government application fee and a £20 plus VAT fee for ID checks. So, for one LPA, the total cost is usually around £406.

Our Fixed Fee LPAs start from £250 + 20% VAT and Disbursements. All in with the VAT and Disbursements, this represents: x1 LPA = £406, x2 LPA = £632:, 4 LPA = £916.

Not having an LPA makes things a lot more costly and complicated should you lose mental capacity. A person loses mental capacity when they are no longer of sound mind and able to make their own decisions. This could be due to an accident or a disease such as dementia. An LPA cannot be made once someone is deemed to have lost mental capacity. If you lose mental capacity without an LPA in place, no one will have the legal authority to manage your health or finances. It’s a common misconception that your spouse will automatically be able to take care of things but this isn’t the case. Your spouse or family member would need to obtain legal authority over your affairs and health via the Court of Protection. The person appointed will be called your ‘deputy’. This is a very long, costly, and complicated court process and may have to be repeated for every new decision the person needs to make on your behalf.

Whilst you don’t legally need a solicitor to make an LPA, it is strongly recommended that you do so. If your application is not correctly or sufficiently completed the first time, you may need to re-submit the application and re-pay the application fee to the Office of Public Guardian. A solicitor can help to keep costs down and ensure that your LPAs meet your needs. If you wish to leave any instructions to your attorneys, your solicitor can help you to word your wishes in such a way that makes them legally sound and clear.

This depends on the type of LPA you have. Some people choose to use their LPA whilst they still have mental capacity if they live abroad for extended periods of time throughout the year and wish for someone to handle their affairs whilst they are away. Most LPAs will take effect once a person loses mental capacity. A doctor will need to confirm that a person has lost mental capacity before the LPA can be used.