Does Your Lasting Power of Attorney Need a Service?

Author: Christopher Watts, MSWW, CeMAP
Last verified: 10 August 2025 (England & Wales)

Quick-read summary

When planning for the future, most people think first about their Will. But what if something happens while you’re still alive—such as an accident, illness, or loss of capacity? A Lasting Power of Attorney (LPA) ensures trusted people can step in to make important decisions if you can’t. Just like a car needs a service to stay reliable, your LPAs benefit from occasional check-ups to confirm they are valid, current, and ready when needed.

Practical checklist

✅ Pass – Everything’s running smoothly

• Attorneys are still suitable and trusted.
• Everyone named is alive, well, and UK-resident.
• Key preferences or instructions are included.
• LPAs are registered with the Office of the Public Guardian (OPG).

Advisory – Needs a tune-up soon

• You’ve moved house or changed contact details.
• An attorney has moved abroad.
• Your views on treatment or finances have changed.
• You’d like to add new guidance or instructions.
• You’re unsure whether the LPAs were registered.

❌ Fail – Risk of breakdown when needed most

• An attorney has died, lost capacity, or you’ve lost contact.
• You’ve changed your mind about who should act.
• LPAs were never registered.
• They were drafted incorrectly.
• No replacement attorney was named.
• LPAs cannot be found.

What to consider

• Life changes quickly – family circumstances, health, and finances can shift unexpectedly.
• Attorney availability – even trusted attorneys may relocate or become unable to act.
• Registration matters – an unregistered LPA cannot be used, even in an emergency.
• Avoid costly delays – without a valid LPA, loved ones may need to apply for deputyship, which is slower, more expensive, and gives you less control.

How this works in real life

We recently helped a client — we’ll call her Mrs L. She made her LPAs over a decade ago. Since then, one attorney had moved abroad, and another had sadly passed away. She had no idea this could make her documents unusable. We reviewed her LPAs, explained the risks, and prepared new ones with suitable replacements. We cancelled the old LPA and drafted the new ones. Once registered, she could relax knowing her affairs would be managed smoothly if she couldn’t do so herself.

FAQs

Q: How often should I review my LPAs?

A: Every 3–5 years, or immediately after major life events such as moving house, changes in relationships, or significant health changes.

Q: Can an LPA ever expire?

A: No, but it can become unusable if details are out-of-date or attorneys can’t act.

Q: Can I change my attorneys?

A: Yes — in most cases, you’ll need to prepare and register a new LPA.

Q: What happens if my LPA fails?

A: Your family may need to apply for deputyship via the Court of Protection — a slower, more expensive process that limits your control over who acts for you.

Q: Is professional storage worth it?

A: Secure storage protects your LPAs from loss or damage and ensures they’re accessible when needed. Some services, like ours, also include insurance cover.

Optional Technical Notes (For those who want the detail…)

Lasting powers of attorney (LPAs) in English law were created under the Mental Capacity Act 2005. There are two types:

1. Property and Financial Affairs LPA – allows attorneys to manage finances, property, and bills.
2. Health and Welfare LPA – allows attorneys to make decisions about medical treatment, care, and living arrangements.

When You’ve Moved House or Changed Contact Details

• If you or an attorney change name or address, you must notify the OPG.
• No supporting documents are required for address updates—but for a name change, include evidence such as a marriage certificate or deed poll.
• Do not make changes to the LPA document itself, as altering it may render it invalid.

Attorney Moving Abroad

• You can appoint an attorney living abroad. The attorney must still sign the LPA in person, using black pen, and their signature must be witnessed.
• The usual process is to post the LPA forms to them to sign and then have them return the documents to you.

Change in Views on Treatment or Finances, or Adding New Guidance/Instructions

• Instead of amending an existing LPA (which isn’t permitted), you can:
  • Cancel and return the LPA to the OPG.
  • Use the “preferences” or “guidance” section of a new LPA.
  • If the changes are substantial, consider creating a new LPA rather than modifying the current one — a new LPA ensures that your updated wishes are properly and legally recorded.

Unsure Whether the LPA Was Registered

• If you’re unsure whether the LPA has been registered, you can use the “View a Lasting Power of Attorney” service (online).
• Alternatively, you can contact the OPG directly to check. Provide details such as your full name, date of birth, and LPA reference number.

Next steps

• Free LPA review – available even if we didn’t prepare your documents.
• Honest advice – if your LPA is fine, we’ll confirm it; if it needs work, we’ll explain why and provide a fixed-fee quote.
• Optional secure storage & insurance – up to £2 million cover against loss or damage.

Contact Fern Wills & LPAs today to book your LPA Service. A quick review now could save months of stress in the future.