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Lasting Powers of Attorney

Protect Your Family From Uncertainty

Most people do not think about a Lasting Power of Attorney until a parent becomes ill, someone loses mental capacity unexpectedly, or a family suddenly cannot access bank accounts, manage bills, or make important care decisions for a loved one.

By then, it is often too late.

A Lasting Power of Attorney (LPA) allows you to decide in advance who can manage your finances, property, health, and care decisions if you are ever unable to make those decisions yourself due to illness, injury, dementia, or loss of mental capacity.

Without an LPA, even close family members may not have the legal authority to act for you. This can lead to delays, frozen accounts, disputes about care, and costly applications to the Court of Protection during an already difficult time.

Putting an LPA in place allows you to:

  • choose who can act for you
  • set out how decisions should be made
  • protect your finances and wellbeing
  • avoid unnecessary stress for your family later

We help clients put LPAs in place properly so the documents reflect their wishes, family circumstances, and future concerns. We also advise attorneys and families who need help registering or using an LPA when urgent decisions need to be made.

Have a question? Jump to our FAQs ↓

 

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‘Very happy with the service and guidance received and would have no hesitation recommending Grace to others. Grace was excellent.’

Grace Steele

Director and Head of Wills and Probate

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Meet the team

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Grace Steele

Grace is a Director and head of our Wills and Probate Department, with over 30 years’ experience in Private Client work in the East Midlands area. Graduating in Law from Sheffield University she trained with a large law firm in Derby.  Grace specialises in Inheritance tax planning,  Wills,  complex and high-value Probate Administration.  Grace has…

01773 307 362 | 07562 398394

grace.steele@ellis-fermor.co.uk

Grace Steele is based at our Belper Office.

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Kim Kirk

Kim is a qualified Solicitor and became Deputy Head of Department for Wills and Probate as of April 2025. Kim was made an Associate Solicitor as of May 2025. Kim graduated in law in Sheffield and completed her Legal Practice Course in Nottingham. Kim qualified as a Solicitor in 2012 after completing her training in…

01773 304 267

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Kim Kirk is based at our Beeston Office.

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Luke Smyth

Luke is an experienced solicitor and joined Ellis-Fermor Negus in May 2023 as part of the Long Eaton Private client team. He joined the Ripley team in May 2024. Luke qualified as a solicitor in 2014 and has worked in the legal industry since 2005. Luke studied at Sheffield University, graduated in Law and completed…

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Luke Smyth is based at our Ripley Office.

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Joanna Bridges

Joanna qualified as a Chartered Legal Executive in 1996 and joined us in 2012 to work in the Wills & Probate department at our Beeston office. Joanna specialises in Wills & probate matters, acting in the preparation of Wills and Lasting Powers of Attorney and in the administration of estates. She also deals with Court…

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Joanna Bridges is based at our Beeston Office.

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Rosie Woodward

Rosie is currently on Maternity leave until 2026. Rosie Woodward is an experienced Legal Executive and joined Ellis-Fermor & Negus Solicitors in November 2022 as part of the Belper Private Client team. Rosie completed a Law degree in Sheffield in 2017 and then trained at a rural branch office of a large Sheffield-based firm, qualifying…

01773 821 665

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Rosie Woodward is based at our Belper Office.

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Kenley Flint

Kenley started her career at our Ripley office in 2002 as an office junior straight from school. She then went on to become a Legal Secretary and has experience in Personal Injury, Conveyancing and Litigation. Kenley also completed 2 years at college, to qualify as a Paralegal in 2006. After taking some time out to…

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Kenley Flint is based at our Belper Office.

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Elina Topham

Elina Topham joined our Belper team in July 2023 as a Paralegal in Wills & Probate. Elina has gained extensive legal knowledge working at local firms in Derbyshire and South Yorkshire in various different roles. Elina is experienced in advising and assisting clients with Wills, Lasting Powers of Attorney, Court of Protection and Estate Administration…

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Elina Topham is based at our Belper Office.

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Khloe Drabble

Khloe joined the Wills and Probate team at Ripley in 2025 having qualified as a Solicitor in 2023. She graduated from the University of Derby for both her law degree and legal practice course which she followed with a training contract at a firm in Nottinghamshire. Khloe specialises in Wills and Lasting Powers of Attorney.…

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Khloe Drabble is based at our Ripley Office.

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Shane Nightingale

Shane is a Private Client Fee Earner in our Wills & Probate department at our Belper Office having joined us in April 2025 with previous experience in Wills & Probate at another local firm. Originally from Peterborough, Shane moved to Derby where he studied LLB Law at the University of Derby, graduating in 2022 with…

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Shane Nightingale is based at our Belper Office.

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Elissa Dagnall

Elissa is a Private Client Fee Earner in the Wills and Probate team at our Beeston office. Originally from London, Elissa moved to Nottingham to study Law at the University of Nottingham. After graduating, Elissa completed an internship year at Trent Vineyard Church, helping within their Compassion ministry projects. Elissa then went on to work…

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Elissa Dagnall is based at our Beeston Office.

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Rebecca Green

Rebecca grew up in Long Eaton and started her career at Ellis-Fermor & Negus in 2002 as an office junior.  Rebecca has worked in the legal industry for over 20 years and qualified in 2015.  She re-joined the Long Eaton office in April 2024 as a Chartered Legal Executive in the Wills and Probate Department.…

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Rebecca Green is based at our Long Eaton Office.

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Laura Ambalavanar

Laura is currently on Maternity leave until 2026. Laura qualified as a Probate Paralegal in November 2016 and has 4 years’ experience in Private Client work. Laura has experience in the preparation of Wills, Lasting Powers of Attorney and the administration of straightforward estates and works alongside Rebecca Green on all other Private Client work.…

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Laura Ambalavanar is based at our Long Eaton Office.

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Matthew Insley

Matt is a Private Client Fee Earner in the Wills and Probate department at our Long Eaton office, he joined Ellis-Fermor & Negus in January 2025. Matt studied Law at the University of Hull and graduated in 2022. In 2023 Matt started studying for his LPC which he does part time at the weekends. Matt…

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Matthew Insley is based at our Long Eaton Office.

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Jordan McGregor

Jordan is a Trainee Solicitor currently working in the Wills and Probate team at our Beeston office. Originally from Dorset, Jordan moved to Cardiff where he studied law at Cardiff University, where alongside his final year of study, he completed an internship year at his church Cardiff Vineyard. After graduating, Jordan spent a week with…

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Jordan McGregor is based at our Beeston Office.

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Reviews, what our clients are saying…

‘Throughout the process I felt confident in the information I was given and supported in my decision making. Kim enabled me to ask questions and express my wishes. She was relating to me as a person, not just ticking legal boxes. Please continue your excellent service ~ and thank you.’

‘Luke answered all of my queries and explained the answers in easy to understand words rather than jargon. He was very professional and took time to explain my concerns regarding Inheritance tax and trust funds. I now complete peace of mind due to his expertise and knowledge.’

‘I was told how I could do various tasks myself, and given time to consider what my family thought would be the best action. Finally taking your professional actions. Joanna Bridges has helped us for many yrs for which my late Husband and I have been very thankful. The Beeston receptionists have also been very welcoming.’

‘A combination of extremely efficient and professional service with clear and very reasonable fixed price fees for probate, which reflected Shane clearly listening carefully and appreciating the preparation and relatively straightforward situation. This was in dramatic contrast to the other 2 firms we had previously approached. My sister who is co-executor for mum’s estate was very reluctant to engage any professional assistance but was also very impressed with the service received.’

‘Very happy with the service and guidance received and would have no hesitation recommending Grace to others. Grace was excellent. We also engaged with Trainee Solicitor Jordan McGregor who was very professional and engaging – we wish him well for his future career.’

Lasting Powers of Attorney – Frequently Asked Questions

 

A Lasting Power of Attorney (LPA) allows you to decide who would deal with important decisions if you were no longer able to make them yourself.

For many people, the turning point comes after seeing what happens when no LPA exists — adult children unable to help a parent with finances, bills going unpaid, disputes over care, or families discovering they cannot speak to banks or make medical decisions during a crisis. An LPA allows you to choose trusted people to step in before those problems arise.

The person making the LPA is known as the donor. The people appointed to act are called attorneys. Attorneys must act in the donor’s best interests and follow strict legal duties under the Mental Capacity Act 2005.

There are two types of LPA. Most people choose to put both in place so decisions about both finances and personal welfare are covered.

It is important because it avoids the need for Court of Protection applications and ensures decisions are made by people you trust, rather than by the court or professionals who may not know your wishes.

This allows someone you trust to manage financial matters on your behalf, including:

  • bank accounts and savings
  • household bills and care fees
  • pensions, investments, and benefits
  • buying or selling property
  • dealing with HMRC and financial paperwork

Many clients choose this type of LPA not only for later life planning, but also because illness, hospital stays, or unexpected accidents can suddenly make day-to-day finances difficult to manage.

With your permission, this LPA can be used while you still have mental capacity, or it can take effect if capacity is lost in the future.

 

This covers decisions about your care, wellbeing, and medical treatment, including:

  • medical and care decisions
  • where you live and the support you receive
  • care home arrangements
  • life-sustaining treatment decisions, if you choose to include this

This type of LPA only takes effect if you lose mental capacity, meaning you remain in control of your own decisions for as long as possible.

For many families, having clear legal authority in place can avoid uncertainty and disagreements at emotionally difficult times.

 

Anyone aged 18 or over who has mental capacity can create an LPA. Mental capacity means being able to understand the nature and purpose of an LPA, consider the decisions involved and communicate your wishes.

It is essential to create LPAs before capacity becomes an issue. If you lose capacity without an LPA in place, it is too late to make one.

Attorneys should be people you trust completely and who are capable of handling responsibility. They may include:

  • Spouses or partners
  • Adult children
  • Other family members or friends
  • Professional advisers

We help clients choose suitable attorneys and structure appointments to reduce the risk of future disputes or practical difficulties.

Many people wrongly assume that their spouse or children can automatically act on their behalf if they become unwell. In reality, without an LPA, they may have no legal authority to do so.

Without an LPA:

  • Bank accounts may be frozen
  • Bills and care fees may go unpaid
  • Property cannot be sold or managed
  • Medical decisions may be made without your chosen representative
  • Families may face Court of Protection proceedings
  • Delays and costs can cause unnecessary stress

Creating an LPA gives you reassurance that decisions will be made by people you trust, in line with your wishes and without avoidable legal obstacles.

Step 1: Choosing Your Attorneys

You decide who will act for you and how:

  • One or more attorneys
  • Acting jointly or jointly and severally
  • Replacement attorneys if needed

Step 2: Defining Powers and Instructions

You can:

  • Limit or expand attorney powers
  • Include guidance on finances, care, or treatment
  • Specify wishes regarding life-sustaining treatment

Step 3: Completing the LPA Forms

LPA forms must be completed precisely. Even small errors can delay or invalidate registration.

Step 4: Signing and Certification

The donor and attorneys must sign in the correct order. A certificate provider confirms that you understand the document and are acting freely.

Step 5: Registration with the Office of the Public Guardian

LPAs must be registered before use. Registration usually takes 8–10 weeks, and the LPA cannot be used until this process is complete.

Most people benefit from having both. A Property & Financial Affairs LPA protects your finances and assets, while a Health & Welfare LPA ensures trusted individuals can make medical and care decisions if you cannot. Having both provides comprehensive protection.

A Property & Financial Affairs LPA can be used once registered, either with your consent or if you lose capacity. A Health & Welfare LPA can only be used once you lack mental capacity to make the relevant decision yourself.

Yes. You can include clear instructions and preferences in your LPA, limiting or guiding how attorneys make decisions. This allows you to retain a high level of control over future arrangements.

You should choose someone you trust to act responsibly and in your best interests. This could be a family member, friend, or professional. We advise on suitability, potential conflicts and whether to appoint more than one attorney.

Yes. Attorneys can act jointly (together) or jointly and severally (together or independently). Each option has advantages and risks and we help you decide what is most appropriate.

Attorneys must act in your best interests, follow the Mental Capacity Act, keep accounts, avoid conflicts of interest and respect any instructions or limitations in the LPA.

Professional attorneys may charge fees. Family or friend attorneys usually act unpaid but can claim reasonable expenses. Any payment arrangements should be clearly recorded.

Your family may need to apply to the Court of Protection to become a deputy. This process is slower, much more expensive and involves ongoing court supervision. It is much more of a burden on your deputy and also means that the court is appointing someone on your behalf, you are no longer deciding who acts on your behalf.

Yes, an LPA can be challenged if there are concerns about capacity, undue influence, or attorney conduct. Professional drafting significantly reduces these risks.

Yes, as long as you have mental capacity. You can revoke or replace an LPA at any time with proper documentation.

Registration typically takes 8–10 weeks, though delays can occur if forms are incorrect or objections are raised.

LPAs should be stored securely, with attorneys knowing how to access them when needed. We can advise on safe storage options.

LPAs are generally only valid in England and Wales. Separate advice may be required for overseas assets or care arrangements.

Contact Us

Putting a Lasting Power of Attorney in place is a vital step in protecting your future and giving peace of mind to your loved ones. Our experienced solicitors are here to guide you through the process with clarity and care.

• Phone:

0115 972 5222 (Long Eaton)

0115 896 3390 (West Bridgford)

0115 922 1591 (Beeston)

01773 821665 (Belper)

01773 744744 (Ripley)

• Email: infomation@ellis-fermor.co.uk

• Online Enquiry: ellis-fermor.co.uk/contact-us

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