Lasting Powers of Attorney

Without the appropriate planning in place,
there are significant repercussions for your loved ones

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An illness, or an accident leading to mental incapacity, can take away your ability to make everyday decisions about your finances and welfare.

Since the introduction of the mental health act in 2014, if you lose mental capacity, through an accident or ill health, NONE of your relatives can make decisions for you, as they have not been ‘authorised’ to do so. The only way they can act, is if you have made Lasting Powers of Attorneys and they have been registered with the Court of Protection. As part of this legislation, did you know all personal AND joint bank accounts are frozen indefinatly.

The costs implications of retrospectively obtaining authority, to act for a person who has lost mental capacity, from the Court of Protection, are significantly greater and typical timescales are a minimum of nine months. During which time, all financial and heath decisions are made by the Court of Protection for the person who has lost mental capacity.

Powers of Attorney means that those decisions will be made by someone who knows you well and has your best interests at heart. Once you have lost mental capacity, it’s too late to put a Lasting Power of Attorney in place. Without them, those decisions may be made by the Courts.

Growing older, loss of mobility, illness or injury can make it difficult or impossible to manage your affairs. This can become stressful if bills go unpaid or you are unable to manage your personal affairs and welfare.

By creating a Power of Attorney in advance, ensures that if the worst were to happen, you can rest assured that both your financial affairs and personal welfare are in safe hands.

Having someone you know and trust and more importantly understands you, to manage your affairs, is far more preferable than a Court official.

In practical terms, that would mean that that if you are incapacitated, your chosen family member or friend could deal with your bank, solicitor, Estate agent and government agencies, making sure your affairs are kept in order.

We all like to think that we will never need this kind of planning. The truth is that the vast majority of people would benefit from having a Power of Attorney in place. If the unthinkable happens, you can be confident that someone you trust is managing your finances and other affairs. Without planning for this, you may end up incurring the costs and disorientation of a Court appointed official to tend to your financial wellbeing.

A Power of Attorney gives someone you trust the legal right to manage your affairs, if you are physically or mentally unable to

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Frog Financial Management
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The team at Frog have been fantastic throughout the entire process. Providing great advice and having a proactive approach, I can't recommend them enough!
Aaron Simpson
Aaron Simpson
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The whole team at Frog were outstanding for us. Greg was our contact for our Mortgage application and he couldn't have been more helpful. He was always available and happy to help with anything, very knowledgeable and we really felt like he wanted the best for us. Charley and Danni also assisted us with insurance cover and they were very helpful and knowledgeable when it came to understanding the policies. They regularly checked in to see if they could help with the whole process, which was greatly appreciated. All the team made the house moving process that bit less stressful and are thoroughly recommended.
Sam E
Sam E
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I recently worked with Charley to set up my contents insurance, and I couldn’t be happier with the experience. She was incredibly knowledgeable, professional, and took the time to explain all the details of the policy, ensuring it met my needs perfectly.The process was smooth and efficient, and Charley made sure I understood exactly what was covered and how the policy worked. She also provided excellent customer service, answering all my questions promptly and with patience.I highly recommend Charley to anyone looking for reliable insurance advice and support. Thank you for making this process so easy and stress-free!
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Maliha Zaidi
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I can't recommend Frog Financial Management enough!They were friendly, helpful and really responsive. It really felt they went above and beyond for us (saving us a few extra quid too).
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Tom Roberts
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Had a great experience with Frog Financial management. They work proactively, give good advise and are always quick on the ball. Would very much recommend.
Jolijn Bronneberg
Jolijn Bronneberg
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If you're looking for mortgage, insurance or any other financial protection advice, you really couldn't do any better than Greg, Charley and the rest of the Frog team. Since putting our house on the market, Greg was very quick to respond and generous with his time - always explaining things clearly and what our options were. With Frog's support, we had trust that we were making the right choices for our family.
Owen Adkins
Owen Adkins
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The team at Frog are oustanding. A big thanks to Charley (who is amazing) at helping with my home insurance.Thank you very much
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I can't thank Frog Financial enough! They made buying our first home so easy and stress free. Greg was so helpful throughout the whole process and really took time to explain things in detail. The rest of the team were also super helpful and proactive and so responsive to our emails and phone calls. I honestly cannot recommend them enough!
Tom Harding
Tom Harding
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Greg, Ruth & the whole team at Frog Financial have been amazing at securing mortgages for myself and my sister. We have had lots of changes & challenges and they have been very helpful & quick at responding to multiple questions! For myself, being self employed, Greg worked wonders to find a lender that worked. Fingers crossed until it all completes!
sarah heduan
sarah heduan
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I highly recommend Frog Financial Management. Charley is fantastic, so helpful and sorts us out every year. Than you
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Can't recommend Craig and his team enough! Amazing family ran business who will work tirelessly to provide you the best service. Got us exactly what we wanted and was always just a phone call away if we had any queries or needed some advice and support.Will definitely be using them again.
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I could not recommend using Frog financials more!They are quick to reply to any queries via email and on the phone. They provide well informed advice and are exceptionally friendly when answering questions.I will definitely be using them again in the future!
Katie Bryden
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Greg and the team have been super helpful throughout the whole mortgage process! Greg has explained each part of the application with great detail to make sure we understand it fully. They were prompt in their replies and made this a completely stress-free experience, highly recommend!
Emma Hooley
Emma Hooley
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Very professional and knowledgeable service with great detail and kindness, I have been using frog services now for 12 years and am very happy with the products they find for me
Paul Singh
Paul Singh
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After trying various agents and insurers, Frog FM was able to secure exactly what I needed and for a reasonable premium. Professional and friendly service. I know who to go to first next time!
Simon Gardner
Simon Gardner
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I first contacted Frog several years ago and they are now my "go to" company for all financial matters and advice. I have always found them friendly, efficient and easy to deal with, and I applaud their ability to convert "financial jargon" into everyday understandable language.I also especially appreciate that they will contact and remind me when I need to review some aspect of my finances. I can without hesitation fully recommend Frog and all their team members
Roger James
Roger James
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Charley and Danni have been exceptional in assisting me with managing my insurance requirements. They offer an outstanding and effortless service.
Alex Woodford
Alex Woodford
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Amazing.Charley and Greg were amazing in listening to my needs and being able to offer the best solution for me.Thank you Charley for your patience with me. You have been incredible.I like the fact that they are a local company.I strongly recommend them.
mireille lavollee
mireille lavollee
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I have used Frog Financial for several mortgages and cannot recommend them enough. Extremely helpful, professional and efficient and always going above and beyond to make the process as smooth as possible and finding the best options for me. Everyone in the team is brilliant to work with and I will of course be using them for all future mortgages! Sam x
Samantha Simpson
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I dealt with Greg to get a mortgage on my first property - he was fantastic, helped educate me on the process as well as coming up with outside of the box solutions, really happy with the service and will 100% use him again in the future.
Tom Evans
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An exceptional service given. Everyone we have spoken with has gone above and beyond to help us and answer all questions we have. Can not recommend Frog financial management enough and will be using them again in the future.Helena & Jason
Jason Benn
Jason Benn
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Greg and the team at Frog Financial have been excellent with finding me a mortgage a couple of years ago and managing the renewal recently. They have been able to find the best deals in the market and provide good options and advice based on our conversations. They are friendly, attentive and responsive and I highly recommend them.
Carl Goodman
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Amazing team could not have done it without them.
Grace Kearns
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Excellent service from Charley on a non-standard building and contents insurance. She was prompt, and knowledgeable, and helped clarify various issues
andrew grant duff
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Phenomenal service. I have and will recommend Frog Financial to everyone. Informative, helpful, great communication, so kind, and we really felt like the whole team cared about us. Took so much of the stress out of the process. We have no doubt that we will use Frog again! 🐸
Elena Prokopiou
Elena Prokopiou
1708805074
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More essential reading on Lasting Powers of Attorney

You may have heard of an Enduring Power of Attorney (EPA) and be aware that this was replaced in October 2007. EPA’s set up prior to 1st October 2007 remain valid, however, it should be noted that if the Donor is believed to be becoming, or is mentally incapable of managing their affairs, then the Attorney(s) have a duty to register the EPA with the Court of Protection.

It cannot be simply assumed that the Donor has lost mental capacity and Attorneys must follow the principles of The Mental Capacity Act 2005. Copies of the Code can be obtained from Her Majesty’s Stationary Office.

If you hold an Enduring Power of Attorney and still have mental capacity and can make decisions for yourself (i.e. the EPA is unregistered) it is advised you make a Personal Welfare LPA to run in conjunction with the EPA.

So, what has replaced EPA?

These have been replaced with three different documents:

  • A Lasting Power of Attorney (LPA) for Property and Financial Affairs
  • A LPA for Health and Welfare
  • A General Power of Attorney

Please note these Powers are only applicable to England and Wales.

An LPA for Property and Financial Affairs gives authority to the appointed Attorney to handle property and financial matters for the Donor.

The Power extends to all matters concerning the Donor’s finances; this could include selling property belonging to the Donor, (including the Donors home), buying property in the Donor’s name, managing bank accounts and investments, continue to run their business and make decisions about the Donor’s healthcare and payment for this care.

An LPA for Health and Welfare covers decisions relating to your social and healthcare needs, which can include where the Donor lives, how they are cared for and what healthcare they receive. For example, the decision to accommodate the Donor in a Nursing Home.

Attorneys of a Health and Welfare LPA can only use this power if the LPA document has been registered with the Office of Public Guardian and the Donor is not capable of making the decision themselves.

An Advance Directive or Living Will can be overridden by a subsequent Health and Welfare LPA, if the Donor has specifically chosen to give their Attorney the authority to give or refuse life-sustaining treatment on their behalf. This also means that a Health and Welfare LPA can be overridden by a valid and applicable Advance Directive (Living Will) made after the Health and Welfare LPA, if in the LPA the Donor has chosen not to give authority to their Attorney to authorise life-sustaining treatment.

The Health and Welfare LPA covers both the welfare of the Donor and the consent or refusal of consent to life sustaining treatment.

An LPA must contain a certificate completed by an independent person to confirm that the Donor understands the power and importance of the LPA and is not creating the power under duress.

Anyone the donor specifies can be notified of the registration of the LPA (up to five people), however if there is no one to notify, then the Donor must have a second Certificate provider.

The Attorney or replacement Attorney chosen by the donor must not be a bankrupt.

It should be noted that LPAs have no legal standing until registered with the Public Guardian’s Office. They can be registered at any time, i.e. before the Donor loses mental capacity or when the Attorney believes this to have happened.

After registration, the Donor can continue to make their own decisions providing they still have the mental capacity to do so.

The Donor can revoke or cancel the LPA (providing they have the mental capacity to do so). If a spouse or civil partner is the Attorney, or Donor, dissolution or annulment of the relationship will automatically revoke the power.

An LPA for Property and Financial Affairs is revoked if the Attorney(s) or the Donor are declared bankrupt.

An LPA for Health and Welfare is not terminated by bankruptcy.

A General Power of Attorney (GPA) allows the Attorney to make decisions and act in any matters relating to the Donor’s property and affairs (with the exceptions of making a Will, making gifts or performing in the Donor’s role as a Personal Representative (administrator) or Trustee.)

It is important to note that the Donor remains liable for the actions of the Attorney and as such you should only appoint an Attorney who you implicitly trust.

A GPA is effective immediately and will remain in force until it is either, cancelled by the Donor (the person on whose behalf the Attorney is acting) or, should the Donor become mentally incapable, then the GPA is automatically revoked. The GPA would also be revoked by the death or bankruptcy of either the Donor or the Attorney.

Unlike a LPA, a GPA affords no scope for restricting the Attorney’s powers.

A GPA can be revoked at any time, by either writing cancelled across the document, or simply tearing it up.

Lasting Powers of Attorney are an ESSENTIAL part of providing control when required
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