Award Winning Legal Planning for Carers, Families and Vulnerable Adults

A Lasting Power of Attorney (LPA) is one of the most important legal documents a family can put in place, but it is the person receiving care—not the carer—who makes the LPA while they still have the mental capacity to do so. Once registered, it allows trusted people, such as family members or close friends, to make decisions if they can no longer do so themselves.

There are two types of LPA: one for Property and Financial Affairs, covering matters such as banking, bills and property, and one for Health and Welfare, covering decisions about medical treatment and care. Many people choose to make both at the same time.

Without an LPA, carers often find they cannot speak to banks, manage finances or make important decisions on behalf of a loved one. If mental capacity has already been lost, it is usually too late to create an LPA, and an application to the Court of Protection for deputyship may be required instead. This process is generally more expensive, more time-consuming and involves ongoing supervision.

Arranging an LPA early provides reassurance that the right people will be able to act if circumstances change. It can help reduce stress for families and ensure important decisions are made by people the individual knows and trusts.

Yes, a person with dementia can make a Lasting Power of Attorney (LPA), provided they still have the mental capacity to understand what they are signing and the decisions involved. A diagnosis of dementia does not automatically mean someone has lost the ability to make legal decisions.

Capacity is assessed at the time the LPA is made. The person must understand what an LPA is, what powers they are giving to their chosen attorneys, and the potential consequences of those decisions. As dementia progresses, this ability may reduce, which is why it is generally recommended to arrange an LPA as soon as possible after diagnosis or even before any signs of cognitive decline.

If there is any uncertainty about capacity, additional evidence or professional input may be needed. Once someone has lost the mental capacity required to understand the document, an LPA can no longer be created. In those circumstances, the only option is usually to apply to the Court of Protection for deputyship.

Planning ahead allows individuals to choose who they trust to manage their affairs, rather than leaving those decisions to the court. It also gives families greater certainty and can prevent unnecessary delays when important financial or healthcare decisions need to be made.

If someone loses mental capacity without a Lasting Power of Attorney (LPA), nobody automatically has the legal authority to manage their finances or make important decisions on their behalf, even if they are a spouse, child or close family member.

Banks, investment providers and many organisations will usually refuse to allow relatives to access accounts or manage financial affairs without legal authority. Decisions about property, savings and certain healthcare matters may become much more difficult.

In most cases, a family member will need to apply to the Court of Protection to become a deputy. This process can take several months, involves court fees and ongoing reporting responsibilities, and the court decides who should be appointed rather than the individual making that choice themselves.

An LPA avoids this situation by allowing someone to choose trusted attorneys while they still have mental capacity. Once registered, the LPA can be used when needed without the delays associated with deputyship.

For many families, putting an LPA in place early is one of the simplest ways to reduce uncertainty and ensure that practical decisions can continue to be made if health or circumstances change unexpectedly.

A trust can help protect certain assets, but it is not a way to guarantee that assets will be protected in every situation. Whether a trust is appropriate depends on your personal circumstances, your goals and the type of trust being used.

Trusts are commonly used to protect vulnerable beneficiaries, provide for children or grandchildren, control how inheritances are managed, or ensure that assets pass according to your wishes. They can also be useful in some estate planning situations, such as helping to preserve family wealth across generations.

However, trusts are not a universal solution. They should never be created solely to avoid care fees or creditors, and different types of trusts have different legal and tax consequences. Professional advice is essential to ensure that any trust meets your objectives and complies with current legislation.

Choosing the right trust requires careful consideration of your family circumstances, financial position and long-term plans. When structured correctly, a trust can provide flexibility, protection and peace of mind while helping to safeguard assets for the people you care about.

Probate is the legal process of dealing with a person’s estate after they die. It involves identifying assets and liabilities, obtaining authority to administer the estate where required, paying debts and taxes, and distributing the remaining assets to the beneficiaries.

If the deceased left a valid Will, the executors named in the Will are usually responsible for managing the probate process. If there is no Will, different rules apply and an eligible family member may need to apply to administer the estate.

Every estate is different. Some straightforward estates can be administered relatively quickly, while others involving property, investments, business interests or disputes may take considerably longer. In some cases, probate is not required at all, depending on the value and ownership of the assets.

The process often includes valuing the estate, completing inheritance tax forms where necessary, applying for the Grant of Probate or Letters of Administration, collecting assets, settling outstanding liabilities and distributing the estate according to the Will or the rules of intestacy.

Although many people manage probate themselves, professional guidance can help reduce delays, avoid administrative errors and ensure that legal responsibilities are carried out correctly.

No, you do not have to use a solicitor to make a legally valid Will in England and Wales. Many people choose to work with experienced will-writing and estate planning professionals who specialise in preparing Wills and helping families plan for the future.

The most important factor is not the job title of the person helping you, but whether your Will accurately reflects your wishes, complies with the legal requirements for a valid Will, and takes account of your personal and family circumstances.

A straightforward Will may be relatively simple to prepare, but more complex situations—such as blended families, business ownership, overseas assets, inheritance tax planning or providing for a vulnerable beneficiary—often require careful planning. An experienced estate planning consultant can explain your options and recommend suitable solutions, including trusts where appropriate. In some complex cases, particularly where specialist legal advice or reserved legal activities are required, you may also be advised to consult a solicitor.

A professionally prepared Will can help reduce the risk of ambiguity, minimise the likelihood of disputes and ensure your wishes are clearly documented. Whatever route you choose, it is important that your Will is correctly drafted, properly signed and witnessed, and reviewed whenever your personal circumstances change.

Yes, you can make your own Will, and provided it meets the legal requirements in England and Wales, it may be valid. However, writing your own Will without professional guidance can increase the risk of mistakes that may only come to light after your death.

A Will must clearly set out your wishes and be signed and witnessed correctly. Small errors in wording, unclear instructions or failing to consider all of your assets and family circumstances can create uncertainty or even lead to disputes between beneficiaries. Homemade Wills may also miss opportunities to protect vulnerable loved ones, plan for inheritance tax or appoint appropriate guardians for children.

For some people with straightforward circumstances, a DIY Will may seem like an attractive option. However, if you own property, have children, are part of a blended family, wish to leave gifts to charities, own a business or want to include trusts, professional guidance is usually worthwhile.

Working with an experienced estate planning consultant can help ensure your Will reflects your wishes and considers issues you may not have thought about. The aim is not simply to produce a legal document, but to give you confidence that your loved ones will be cared for in the way you intend.

The cost of probate depends on the size and complexity of the estate, as well as the level of support you need. There is no single fixed price, and costs can vary significantly from one estate to another.

Expenses may include the probate application fee where applicable, fees for obtaining official copies of documents, property valuations, accountancy or tax advice if required, and professional fees if you choose someone to help administer the estate. Estates involving multiple properties, business interests, overseas assets or inheritance tax issues are generally more complex and may involve additional work.

Some families choose to deal with probate themselves, particularly where the estate is straightforward. Others prefer professional assistance to help complete paperwork, value the estate, deal with financial institutions and ensure that assets are distributed correctly. Professional support can often reduce stress and help avoid delays or administrative errors during what is already a difficult time.

Before deciding how to proceed, it is sensible to obtain a clear explanation of the likely costs and the services that are included. Understanding the process from the outset can help families make informed decisions and avoid unexpected expenses later.

The main difference is that a Lasting Power of Attorney (LPA) is created by a person while they still have mental capacity, whereas deputyship is arranged by the Court of Protection after someone has lost the capacity to make their own decisions.

An LPA allows an individual to choose one or more trusted people to make decisions on their behalf if they become unable to do so in the future. Because the individual makes this decision themselves, they retain control over who acts for them and the powers those attorneys will have.

If no LPA is in place and mental capacity has already been lost, family members do not automatically gain the legal authority to manage finances or make certain decisions. Instead, someone must apply to the Court of Protection to become a deputy. The court decides whether to appoint a deputy, and the process is generally more time-consuming, more expensive and involves ongoing responsibilities, including supervision by the Office of the Public Guardian.

For this reason, arranging an LPA before it is needed is usually the simpler and more flexible option. It allows people to choose who they trust to act on their behalf and can help families avoid the additional time, cost and uncertainty associated with deputyship.

The best time to put important legal documents in place is as soon as possible after a dementia diagnosis—or ideally before one is needed. A diagnosis of dementia does not automatically mean a person lacks mental capacity, and many people are still able to make decisions about their future in the early stages of the condition.

Early planning gives individuals the opportunity to decide who they would like to manage their finances, make healthcare decisions and carry out their wishes if their condition progresses. Key documents often include a Will, Lasting Powers of Attorney for Property and Financial Affairs and Health and Welfare, and, where appropriate, trusts or other estate planning arrangements.

Leaving these decisions until later can create significant difficulties. Once someone no longer has the mental capacity to understand and approve an LPA or update their Will, those options may no longer be available. Family members may then have to apply to the Court of Protection for deputyship, which can be a longer and more complex process.

Seeking guidance early allows families to understand the available options and make informed decisions while the individual can still express their wishes. Forward planning can provide reassurance, reduce future uncertainty and help ensure that decisions are made by the people they know and trust.