Lasting Powers of Attorney

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

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Based on 162 reviews
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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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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
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.
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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
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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.
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Amazing team could not have done it without them.
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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
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! 🐸
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Arranged our mortgage deal and building insurance with Frog. They were really helpful throughout the whole process and we would have no hesitation at all recommending to others.
William Oakes
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Just the best, Greg helped me find a mortgage for my first property when other mortgage brokers couldn't find one to fit my needs. They were great answering any questions I had and helped me a lot throughout the house buying process. Also helped find and set up house insurance. Will be continuing to use them in the future and I highly recommend them.
K.K. Gres
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I was directed to Frog Financial in September 2018 and received excellent financial advice and general guidance. Since then I have requested them to investigate house insurance for me and have always signed up to the suggested policies.I would have no hesitation in suggesting they are approached by my friends to discuss their requirements.
Dave Shirvell
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Charley was fantastic to work with. She was super efficient, working swiftly to find the best deal and to make it happen. I would be thrilled to recommend her and Frog Financial.
Jackie Samuel
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The team at Frog did a stellar job of our remortgage, they took the stress out of the process with prompt, friendly and most importantly informative communication which made the whole process a breeze. We would not hesitate Frog to anyone. Thank you!
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I have been using Craig and Greg for 3 years and I have been very impressed with the service from Frog. The mortgage solutions that I required were fairly unusual and Greg was able to provide a bespoke service to suit my needs.
mark jordan
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Amazing financial service from Greg and his team.Really friendly, approachable and efficient. No waiting around for anythingGreat knowledge on helping me, they were also very patient and made the experience stress free. I will be recommending them to anyone needing help with mortgage /financial mattersFeel more secure now with help and advice given. Will be back again in 2 years
Amazing service...always a very professional and quick service. Would definitely recommend:)
Clare Over
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I had a great experience with Frog Financial Management. Right from the start Greg was super reassuring and knowledgeable. As first time buyers we had a lot of questions and the whole team were always on hand to answer them. Greg, Danni and Charley were beyond helpful, always responsive and got everything that we needed sorted out, which added some peace of mind to what can be a scary process!
Alice B
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Frog Financial have been sourcing property finance for me for several years. Always on hand to offer advice in the ever changing and complex world of mortgages! Charley can also source competitive property insurance.
Ben
Ben
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Craig,Ruth and the team have been fantastic.After a bad experience with another advisor, I contacted Frog.From the start Craig explained exactly how he would apply for the mortgage.My application was not straightforward as I had been Ltd for only one year.Craig, Ruth and the Frog team were extremely persistent at getting me the mortgage and always kept me updated and informed ,even calling out of hours for some reassurance.They are very professional and genuinely nice people, and great at what they do.I cannot recommend them highly enough.
D Farrow
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Excellent service, very proactive and quick to source our insurance policy renewal options from the market. Would highly recommend them. Charley has been providing great service to us.
Girish BP
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I’ve used Frog Financial services for nearly 3 years in a row for my home contents insurance. Charley is beyond professional and helpful and is always willing to to go above and beyond with any questions I may have. I would high recommend their services!
AK
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I have just used frog financial management for equity release. They were helpful and informative. They helped me every step keeping me well informed. Thankyou to all the team, I would definitely recommend them.
Mandy Kent
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I wouldn't go anywhere else for mortgage help than Frog Financial. They are so helpful throughout the whole process and no question is too big or too small for them. I'd recommend them to anyone.
Megan Booth
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Couldn’t recommend higher. Fantastic team from beginning to end. Managed to secure me a great mortgage even in these tricky times.
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Usually, I am always reluctant in giving out services base on google search as I believe in referrals for certain important & delicate things like getting a mortgage application done perfectly well. However, I will say my opinion has now changed based on the professionalism and way my application was handled at Frog! I am grateful to Craig, Val, and the whole team at Frog- You all have made me realise that a client does not need to be seen face to face before a great client base work can be carried out! Well done for the fantastic job done in getting my mortgage application through, hitch free. I am happy I made the decision to bet on you when my initial broker disappointed me :). I will recommend Frog to friends, family and anyone reading this.
Frog are completely on the ball. They source competitive rates and email us when our insurances need renewing - ensuring year on year that we get the best deal. They have sourced our mortgage for over 6 years and given us financial advice regarding our Wills and life assurance. We wouldn’t be without them. Thank you to Craig, Charlie and the team. You have made a huge difference to reducing our stress with financial worry.
Clare Denny
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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