Lasting Powers of Attorney | Solicitors in Llandudno & Conwy

What is a lasting power of attorney?

A lasting power of attorney (LPA) is a legal document in which you choose one or more people, called attorneys, to make decisions for you if you lose the ability to make them yourself, or if you want help now. It is governed by the Mental Capacity Act 2005. You can only make one while you still have the mental capacity to understand it.

The two types

Property and financial affairs. Your attorneys can deal with your bank accounts, bills, pension and property. You can allow them to act while you still have capacity, or only once you do not.
Health and welfare. Your attorneys can make decisions about your care, where you live and your medical treatment. They can only act once you have lost capacity. You decide whether they can also make decisions about life-sustaining treatment.

Many people make both. You can name replacement attorneys, set restrictions and record your preferences.

Why make one now?

Without an LPA, if you lose capacity your family cannot simply take over your affairs, even if you are married. Someone would need to apply to the Court of Protection to be appointed as your deputy. That is usually slower, more expensive and more intrusive than making an LPA while you are well.

How it works

Choose your attorneys and think about who would be replacements.
We prepare the documents, and your certificate provider confirms you understand what you are signing and are not under pressure.
Sign and witness the LPA correctly.
Register it with the Office of the Public Guardian (OPG). An LPA cannot be used until it is registered. Registration involves a fee and can take several weeks, so do not leave it until it is needed.

Older enduring powers of attorney made before October 2007 may still be valid, but we recommend checking them.

Planning for the future

An LPA works best alongside an up-to-date will. We can help you plan your estate as a whole, including your will, who inherits, how your home and savings are protected, and the legal side of Inheritance Tax. We are not authorised to give tax advice, so please also take advice from an accountant or tax adviser on tax planning. See our wills and probate service. If you are worried about a dispute, see contested wills and inheritance disputes.

Talks and local advice

Our solicitors give community talks on wills and lasting powers of attorney across Conwy and North Wales. Contact us if your group or organisation would like one. We are based in Llandudno Junction and act for clients across Llandudno, Conwy, Colwyn Bay and North Wales.

The Office of the Public Guardian charges a registration fee of £92 per LPA, which is paid on top of our fees. See what it would cost with our fee estimate tool.

Frequently asked questions

What is the difference between a will and a lasting power of attorney?

A will says what happens to your estate after you die. A lasting power of attorney lets someone make decisions for you while you are alive but unable to make them yourself. You need both.

Who should I choose as my attorney?

Someone you trust completely, who is capable and willing and who you expect to be around when needed. Many people choose a spouse or adult child, and name a replacement. You can choose more than one and decide whether they act together or separately.

When can an attorney start to act?

A health and welfare LPA only applies when you have lost capacity. A property and financial affairs LPA can be used as soon as it is registered, if you say so, or only when you have lost capacity. It cannot be used until it has been registered with the Office of the Public Guardian.

What happens if I lose capacity without an LPA?

Someone would need to apply to the Court of Protection to be appointed as your deputy. This is generally slower and more expensive than making an LPA in advance.

Can I make an LPA if I have been diagnosed with dementia?

Possibly. What matters is whether you have the capacity to understand what an LPA is and what you are doing when you sign it. Take advice as early as you can.

Useful links

GOV.UK: Make, register or end a lasting power of attorney — forms, fees and guidance
Office of the Public Guardian — registers LPAs
GOV.UK: Wills, probate and inheritance — official guidance

More helpful sites are collected on our useful links page. We are not responsible for the content of other websites. This page gives general information, not legal advice, and is correct as at October 2026.

Lasting Powers of Attorney in Llandudno & Conwy