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Lasting Power of Attorney

Our specialist solicitors at Rowlinsons are experts in providing Lasting Power of Attorney. We work on your side and by your side to ensure that you receive straightforward and effective legal advice.

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  • Law Society Excellence Award Winners
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  • STEP Qualified Professionals

Lasting Power of Attorney Lawyers

Lasting power of attorney lets you prepare for the possibility that one day you may need help making decisions regarding your health, welfare, or finances. Failing to ensure that someone you trust will effectively carry out your wishes could make managing your affairs more expensive and complicated than it needs to be. If you want reassurance that your needs will be taken care of properly when you’re at your most vulnerable, Rowlinsons Solicitors can help with drafting and registering an LPA.


Why choose our Lasting Power of Attorney Solicitors

At Rowlinsons we are experienced in helping individuals and their families plan for the future to minimise the uncertainty and ensure your best interests are protected.

Our expertise gained us the Excellence in Private Client Award from the National Law Society in 2018. Rowlinsons Solicitors was also awarded Highly Commended in the Boutique Private Client Team of the Year category at the British Wills and Probate Awards 2023.

With Rowlinsons, you get the dedicated support of a qualified solicitor throughout the entire process, and you will always have direct access to that individual when you need to talk.

Our team includes some of the most prominent and renowned Estate Planning Solicitors in Cheshire who are all members of STEP (the Society of Trust and Estate Practitioners), further highlighting our technical know-how and legal expertise.

Rowlinsons Solicitors is experienced in advising on the preparation and registration of lasting power of attorney.  We’ll work closely with you and your family to help you understand your options. We can also help with any LPAs in dispute.

If you are ready to get sorted with your plans for future decision-making contact us today for a no-obligation chat.


What is a lasting power of attorney?

Lasting power of attorney legally authorises one or more appointed persons (attorneys) to make important decisions on your behalf. Creating an LPA gives you peace of mind that someone you trust will take care of your business when you become incapable of doing so yourself.

An LPA allows you to set out in writing specifically how you want certain matters dealt with and who is to be responsible for them, all of which the attorney is obligated to honour. This lets you have more control over your future finances and personal welfare.

The advantage of an LPA is you can set it up and register it before you need it, i.e. while you still have full mental capacity, so when the time comes it’s ready and there’s no delay in crucial decision-making.

There are two types of lasting power of attorney: one for making financial decisions and the other for making decisions regarding health and welfare.

With the health and welfare LPA, the appointed attorney can only make choices about your medical care and care arrangements once you lose the ability to do so. For the financial LPA, your attorney can make decisions for you while you’re still mentally able but don’t feel fully confident doing so. Bear in mind, this must be explicitly stated when setting it up.


What is a Health and Welfare LPA?

Having a health and welfare LPA in place means there can be fast, decisive action on matters such as:

  • Medical treatment
  • Care and Support
  • Social activities
  • Living arrangements
  • Lifesaving treatment (by special permission only)


What is a Financial LPA?

A property and finance LPA allows the appointed attorney to make financial decisions on:

  • Purchase/sale of property
  • Paying bills
  • Investment decisions
  • Mortgage payments
  • Collecting benefits


What’s the difference between a lasting power of attorney and an ordinary power of attorney?

Ordinary or limited power of attorney is granted for a short period of time allowing someone to take care of another person’s finances. This can include paying their bills when they’re in hospital or out of the country. Ordinary power of attorney does not authorise the appointed person to make health decisions.

Assigning ‘power of attorney’ to an individual allows them to act on your behalf but this is only applicable so long as you have full mental capacity. If you lose mental capacity, the power of attorney is no longer valid.


What is the role of LPA?

Acting as lasting power of attorney involves making any financial or health decisions on behalf of someone else (the donor). If you have been appointed LPA, where possible, you should help the donor with making any decisions while they still have mental capacity.

Once the donor loses the mental capacity to manage their own affairs then you are responsible for acting on their behalf, depending on the responsibilities granted by the LPA. You must always put the donor’s best interests at heart and follow any written instructions on what to do in certain circumstances. In addition, it’s your responsibility to keep the accounts up to date to keep track of all transactions.

If you are uncertain of what course of action to take, there is guidance available on making serious decisions. You can get advice from social services, the Court of Protection, and the Office of the Public Guardian.

  • Donna Eland
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  • Gemma Kelly
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  • Josie Jones
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  • Katie Roberts
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  • Laura Goldsmith
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  • Megan Chamorro Moris (Renshaw)
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  • Peter Gausden
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  • Sarah Green
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When can I appoint an LPA?

An LPA can be set up at any time by anyone over the age of 18 who has full mental capacity. Lasting power of attorney can be permanent or temporary - you might only need it while you are going through an illness, for example. The OPG encourages everyone to set up an LPA and to see it as insurance that your financial and healthcare wishes will be carried out if anything ever happens to you.

When a member of the family lacks sufficient mental capacity to appoint a lasting power of attorney, perhaps due to illness, or injury, then we can advise on submitting a formal application to the Court of Protection to appoint a deputy.


How do I set up an LPA?

The first step is to appoint a trusted person or persons of your choice. They don’t need to have any legal experience, but they should be someone you trust to have your best interests at heart. They could be a friend, family member, or even a solicitor. The benefit of appointing a solicitor LPA is they have extensive legal experience and a solid understanding of the law which will better inform the decisions they make on your behalf.

Whatever instructions you include in your LPA is entirely up to you. You can restrict the different types of decisions that your attorney can make or select to entrust them with everything. 

Once the document is drafted and signed by the donor and the attorney it will have to be registered with the Office of the Public Guardian before the attorney can act. The registration process can take 4-6 weeks and you can’t use the LPA during this time, but as soon as the LPA is registered, it’s ready to use when you need it.


Can I cancel an LPA?

You can revoke LPA at any time while you have mental capacity. You just have to sign a deed of revocation and inform the attorney that their power has been revoked. The person with power of attorney will confirm that their power has been revoked, which will return the power of attorney to you. If you registered the LPA with the Office of the Public Guardian you must also send them a copy of the signed deed so the LPA can be removed from the register.


Do I need a solicitor to create an LPA?

You don’t have to use a solicitor to appoint or register an LPA, but getting lasting power of attorney is a complex legal process. The document needs to be carefully written for the best chance of the registration being approved by the Office of the Public Guardian and all parties involved must fully understand the consequences of appointing an LPA. At Rowlinsons, we can guide you every step of the way to ensure you get it right.


Secure your future financial affairs and healthcare decisions

If you’re ever unable to make decisions for yourself, it’s good to know that your best interests will be served. Having an LPA in place ensures that you’ll get the right care when you need it.

Appointing an attorney now acts as insurance against loss of control in future decision-making in case you are diagnosed with a long-term degenerative condition such as dementia.

Having an LPA could also save you money. Without a lasting power of attorney, your relatives would need to apply for a Court of Protection Order to appoint a deputy if they needed someone to manage your finances, which can end up costing significantly more than what it takes to create an LPA.

A lifetime planning solicitor can offer you expert-tailored advice to protect your long-term interests and bring you peace of mind. At Rowlinsons, we have extensive experience with helping individuals appoint lasting power of attorney and with supporting attorneys to effectively carry out their role to protect their loved one’s best interests.


Contact our LPA Solicitors

The high quality of client care, professionalism, and legal expertise we provide to individuals across the UK have earned our Wills, Trusts, and Estate Planning Solicitors at Rowlinsons many awards and accolades over the years, making us the first choice for private client legal services across the North West, Cheshire, and the whole of England and Wales.

Our Lasting Power of Attorney Solicitors in Cheshire guide clients across the United Kingdom through the legal process of setting up and enforcing an LPA, including individuals in Warrington, Widnes, St Helens, Chester, and Northwich, from our offices in Frodsham and Runcorn (Sutton Weaver).

Protecting your interests is our priority. With our specialist LPA Solicitors by your side, you can be sure your wishes are respected if you are ever unable to handle your health or financial choices yourself.

Call us today for an initial no obligation call or click here for a call back. We also have meeting facilities in North Wales by appointment.