Lasting Power of Attorney in Sussex

Helping you plan ahead with confidence

Making a Lasting Power of Attorney is an important step in planning for the future. It allows you to choose people you trust to make decisions on your behalf if you need support or are no longer able to make certain decisions yourself.

I provide friendly, professional assistance to help you understand your options, prepare your applications and feel confident about the process.

As a registered social worker with extensive experience of the Mental Capacity Act 2005, I offer a personal service that combines practical guidance with a strong understanding of people's rights, wishes and decision-making abilities.

Home visits across Sussex and surrounding areas, with online appointments where appropriate.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more people, known as attorneys, to make certain decisions on your behalf.

There are two types of LPA. You can make one type of LPA or both.

Health and Welfare

A Health and Welfare LPA allows your chosen attorneys to make decisions about your health and personal welfare if you lose the mental capacity to make the relevant decisions yourself.

This may include decisions about:

• Your care and support.

• Where you live.

• Medical treatment.

• Other aspects of your health and wellbeing.

Property and Financial Affairs

A Property and Financial Affairs LPA allows your chosen attorneys to help manage financial matters.

This may include:

• Paying bills and managing bank accounts.

• Dealing with pensions and benefits.

• Managing property.

• Making other financial decisions within the authority granted.

Once registered, this type of LPA can be used while you still have capacity, with your permission, or when you lack capacity to make the relevant decisions.

Why Making a Lasting Power of Attorney Matters

Don't leave important decisions to chance

Most of us assume that if something happened to us, our husband, wife, partner or children would naturally be able to step in and take care of everything.

But being close to someone doesn't automatically give you the legal authority to manage their finances or make decisions about their care.

A Lasting Power of Attorney (LPA) allows you to choose the people you trust to act on your behalf if you need support in the future.

Here are seven common myths that can leave families unprepared.

Seven Common Myths About Lasting Powers of Attorney

MYTH 1

“I'm their next of kin, so I can make decisions for them.”

THE REALITY

Being named as someone's next of kin does not automatically give you legal authority to access their bank accounts, manage their finances or make health and welfare decisions on their behalf.

Family members may be consulted and involved in decisions, but that is not the same as having formal legal authority.

MYTH 2

“We're married, so my husband or wife can deal with everything.”

THE REALITY

Marriage or a civil partnership does not automatically give your spouse authority to manage accounts held solely in your name, sell property on your behalf or make all decisions about your care.

Even couples who have been married for decades can encounter unexpected difficulties if one partner loses mental capacity.

MYTH 4

“Lasting Powers of Attorney are only for older people.”

THE REALITY

An accident, stroke, serious illness or brain injury can affect someone's ability to make decisions at any age.

LPAs are not just for people who are older or living with dementia. They are a way for any adult aged 18 or over, who has the necessary capacity, to plan ahead.

MYTH 3

“We have a joint bank account, so our money will still be accessible.”

THE REALITY

If one joint account holder loses mental capacity, the bank may restrict access to the account or allow only essential transactions until appropriate legal authority is established.

This does not happen automatically in every case, but it can affect everyday finances, including paying bills and managing household expenses.

A registered Property and Financial Affairs LPA can help avoid these complications.

MYTH 5

“If I lose capacity, my family can just arrange an LPA for me.”

THE REALITY

Only you can make an LPA for yourself, and you must have the relevant mental capacity when you do so.

If you lose that capacity before making an LPA, your family cannot simply create one on your behalf.

They may instead need to apply to the Court of Protection for appropriate authority or Deputyship.

MYTH 6

“Having an LPA means giving up control of my life.”

THE REALITY

Making an LPA is about protecting your choices, not automatically surrendering them.

With a Property and Financial Affairs LPA, you can decide whether your attorneys may act once it is registered, with your permission, or only if you lose the capacity to make the relevant decisions.

A Health and Welfare LPA can only be used for decisions you lack capacity to make yourself.

As long as you have capacity to make a particular decision, it remains your decision.

MYTH 7

“My family can sort everything out if something happens.”

THE REALITY

Without an appropriate LPA, your family may need to obtain authority through the Court of Protection to manage important financial matters.

This can involve an application, supporting evidence, court fees and additional time.

A deputy appointed by the court also has ongoing responsibilities, and the court determines the powers granted.

Making an LPA in advance allows you to choose your attorneys yourself, rather than leaving those arrangements to a later court process.

What Could Happen If You Don't Have an LPA?

If you lose the capacity to make important decisions without the appropriate legal arrangements in place, the people closest to you may face practical difficulties at an already stressful time.

Financial arrangements may become complicated

Your family may be unable to access accounts held solely in your name, manage investments or deal with certain property transactions without formal authority.

Even joint accounts can be affected.

Your family may need to apply to the Court of Protection

If ongoing authority is required, someone may need to apply to become a deputy.

This can involve additional paperwork, costs and ongoing responsibilities. The process may also take time.

Important decisions may be delayed

Financial arrangements or property matters may be harder to resolve while your family establishes who has authority to act.

There are legal processes for making necessary health and welfare decisions when someone lacks capacity, but family members do not automatically have the final say simply because they are next of kin.

You may lose the opportunity to choose who acts for you

Perhaps most importantly, if you no longer have capacity to make an LPA, you cannot then choose your attorneys through a new LPA.

Planning ahead gives you the opportunity to select people you trust and express your preferences while you are able to do so.

Planning Ahead Is About Peace of Mind

An LPA isn't about expecting the worst.

It's about making sensible arrangements so that, if circumstances change, the people you trust can support you with the appropriate legal authority.

You can choose who acts for you, consider how decisions should be made and help protect your wishes for the future.

The best time to make an LPA is while you have the capacity to make those choices for yourself.

How I Can Help

I provide personal support throughout the LPA application process, including:

• Explaining the two types of LPA.

• Helping you understand the roles and responsibilities of attorneys.

• Discussing the available choices and how the application process works.

• Preparing the application forms using your instructions.

• Checking the forms for common administrative errors.

• Explaining the signing and witnessing requirements.

• Acting as certificate provider where appropriate and where the legal requirements are met.

• Supporting submission to the Office of the Public Guardian.

• Explaining what happens during registration and what to expect next.

My approach is friendly, patient and respectful. I will take time to answer your questions and make sure you understand the process without feeling rushed.

The person making the LPA must have the relevant mental capacity and must make their own decisions freely.

Certificate Provider Support

Professional reassurance as part of your LPA application

Every Lasting Power of Attorney requires a certificate provider.

The certificate provider confirms that the person making the LPA understands its purpose and scope, is acting freely and is not being pressured into making it.

As a qualified social worker since 2008 and a Best Interests Assessor for approximately 14 years, I have extensive experience of applying the Mental Capacity Act and supporting people's decision-making rights.

I can act as your certificate provider where I meet the relevant legal requirements and it is appropriate for me to undertake the role.

This means you may be able to receive application preparation and certificate provider support through one service.

Where there are concerns about mental capacity, coercion or other complications, I will explain whether further assessment or specialist advice may be necessary.

How Much Does It Cost?

I believe in clear, straightforward fees so that you know what to expect before proceeding.

One Lasting Power of Attorney — £225

Support with either a Health and Welfare LPA or a Property and Financial Affairs LPA for one person.

Both Lasting Powers of Attorney — £375

Support with both types of LPA for one person.

What's included?

Your agreed standard service includes application preparation, guidance on signing, certificate provider support where appropriate, and assistance with the registration process.

No deposit required.

Payment is due when your application documents have been prepared and are ready for signing. Any agreed registration support remains included after payment.

Standard fees apply to straightforward applications. Any additional work or expenses will be discussed and agreed before proceeding.

The Office of the Public Guardian charges a separate government registration fee for each LPA. This is paid directly to the OPG at the applicable rate. Some applicants may qualify for a fee reduction or exemption. See Applying for a reduced fee for your power of attorney - GOV.UK for further information on fee reductions and exemptions and how to apply.

Why Choose Sussex LPA & Capacity Support?

Making an LPA is about more than completing paperwork. It's about protecting your choices and making arrangements that reflect your wishes.

My professional background brings:

• Experience as a qualified social worker since 2008.

• Approximately 14 years as a qualified Best Interests Assessor.

• Extensive knowledge of the Mental Capacity Act 2005.

• Experience supporting older people and adults with a wide range of needs.

• A respectful, person-centred approach.

• Home visits and flexible appointment arrangements.

I aim to make the process feel clear, manageable and reassuring from beginning to end.

Frequently Asked Questions

Do I need a solicitor to make an LPA?

No. You can make an LPA yourself using the government's official service. I provide practical assistance for people who would prefer professional support with the application process.

I am a registered social worker, not a solicitor, and do not provide specialist legal advice.

Can someone with dementia make an LPA?

Yes, potentially. A diagnosis of dementia does not automatically mean someone lacks mental capacity.

The person must have the relevant capacity to make the LPA at the time it is created.

Can I arrange an LPA for my parent?

You can help your parent find support, but the decision to make an LPA and choose attorneys must be their own.

Can you act as the certificate provider?

Yes, where I meet the relevant legal requirements and it is appropriate for me to undertake the role.

This will be considered as part of the application process.

What if someone no longer has capacity to make an LPA?

If a person lacks the relevant capacity, they cannot create a new LPA.

Depending on the circumstances, an application to the Court of Protection may be necessary.

Do I need to pay a deposit?

No. There is no deposit for standard LPA application support.

Is the government registration fee included?

No. The Office of the Public Guardian's registration fee is separate from my professional fee.

Do you offer home visits?

Yes. Home visits are available across Sussex and surrounding areas, subject to availability and any agreed travel costs.