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Lasting Power of Attorney for Property and Financial Affairs

A completed property-and-financial-affairs LPA example with a named replacement attorney, preferences and safeguarding boundaries.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# LASTING POWER OF ATTORNEY FOR PROPERTY AND FINANCIAL AFFAIRS

Date: 5 October 2031

Parties: Eleanor Hughes, Thomas Hughes and Grace Patel

## 1. Purpose and parties

Eleanor Hughes, aged 68 and living at 4 Orchard View, Swansea, appoints her son Thomas Hughes as attorney for property and financial affairs and her niece Grace Patel as replacement attorney. They are adults with capacity, and Eleanor chooses them freely after discussing the role with solicitor Megan Lloyd.

## 2. Facts, scope and terms

Eleanor prefers Thomas to manage her £186,000 Nationwide savings, £22,400 ISA, pension income and household bills if she cannot manage them. Her preferences are that her home is not sold while suitable care can be funded otherwise and that £500 birthday gifts to each of four grandchildren continue only if affordable.

## 3. Process and responsibilities

Thomas must keep Eleanor's funds separate, maintain an annual account, pay bills and care costs promptly, and consult Grace before selling 4 Orchard View or making a gift above £500. He may not make loans to himself, change Eleanor's will or mix her money with his own.

## 4. Evidence, records and safeguards

Eleanor's identification, account list, mortgage-free title register, care-cost estimate and attorney declarations are retained securely. The attorneys must act under the Mental Capacity Act 2005 principles, avoid conflicts, keep receipts and report suspected abuse to the Office of the Public Guardian.

## 5. Review, escalation and outcome

The LPA must be completed, witnessed and registered with the Office of the Public Guardian before use. Eleanor may revoke it while she has capacity; the Court of Protection can supervise, give directions or remove an attorney. Grace steps in only if Thomas cannot or will not act.

## 6. Reservations and practical protections

This instrument does not authorise health and welfare decisions, and it does not prove that Eleanor lacks capacity. Thomas must support Eleanor's participation, seek professional tax or benefits advice where needed and accept that the OPG may investigate his records.

## 7. England and Wales law and completion

This completed fictional example is dated 5 October 2031 and governed by England and Wales law. Eleanor, both attorneys and witnesses sign the prescribed form separately; this narrative accompanies rather than replaces the official LPA form.

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