Lasting Powers of Attorney Solicitors

A Lasting Power of Attorney (LPA) lets you choose someone you trust to make decisions on your behalf if, in the future, you become unable to make them yourself. It is a key part of planning for the future and can provide real peace of mind for you and your family.

At Hibberts, our experienced private client solicitors advise clients across Cheshire on making, registering and using Lasting Powers of Attorney. We explain your options in clear language and guide you through each step of the process.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you (the donor) to appoint one or more attorneys to make decisions and manage your affairs if you become unable to do so yourself, whether through illness, accident or loss of mental capacity.

Putting an LPA in place now means that, if you ever need help in the future, decisions will be made by people you have chosen and trust, rather than leaving your family to face a longer, more expensive application to the Court of Protection.

Why Make a Lasting Power of Attorney?

Many people assume that a spouse, partner or adult child can automatically step in and deal with their bank accounts, pensions or medical treatment if something happens to them. In reality, without a valid LPA, your loved ones often have very limited authority to act.

A Lasting Power of Attorney can:

• make it easier for your family to manage bills, accounts and day-to-day finances if you are unwell
• avoid the delay and cost of a Court of Protection application if you lose capacity without an LPA in place
• ensure that your wishes about medical treatment and care are respected as far as possible
• reduce stress and uncertainty at an already difficult time

LPAs sit alongside your will and wider estate planning, helping to protect you during your lifetime as well as after you die.

When Should You Make a Lasting Power of Attorney?

You can only make a Lasting Power of Attorney while you still have mental capacity. For this reason, it is always better to put an LPA in place sooner rather than later. Many people choose to make one at the same time as updating their will or reviewing their wider estate planning.

An LPA is not just for later life. Illness, accident or loss of capacity can affect anyone, at any age. Having an LPA in place ensures that someone you trust can act quickly if you ever need help managing your affairs.

Types of Lasting Power of Attorney

There are two main types of LPA, and many people choose to put both in place:

• Property and Financial Affairs LPA – allows your attorneys to manage your money, property and financial matters, such as bank and building society accounts, paying bills, dealing with pensions and, if necessary, selling or renting out your home.
• Health and Welfare LPA – allows your attorneys to make decisions about your health and personal welfare if you lose capacity, such as care arrangements, day-to-day routines and, in some cases, medical treatment decisions.

Examples:

• Property & Financial Affairs LPA: paying bills, managing bank accounts, dealing with pensions, arranging property repairs or selling a home if required.
• Health & Welfare LPA: choosing suitable care, consenting to medical treatment, deciding on daily routines and where you should live if you need support.

You remain in control while you have capacity. Your attorneys step in only where the document allows and when it is needed.

Choosing Your Attorneys

Choosing the right attorneys is one of the most important parts of making an LPA. You can appoint:

• family members, friends or professionals you trust
• more than one attorney, so decisions can be shared
• replacement attorneys, who step in if your first choice can no longer act

Attorneys must always act in your best interests and follow the principles of the Mental Capacity Act 2005. We will discuss your options with you and help you decide how your attorneys should make decisions – together, separately, or in different areas.

How We Help You Put an LPA in Place

Our solicitors will guide you through the process from start to finish. This usually includes:

• discussing your circumstances and the types of LPA that may be appropriate
• advising you on who to appoint as attorneys and how they should act
• preparing the LPA forms and any guidance or restrictions you want to include
• arranging for the documents to be signed and witnessed correctly
• registering your LPAs with the Office of the Public Guardian
• advising attorneys on their role once the LPAs are in use

We can also review any existing LPAs to check they still reflect your wishes and work alongside your Elderly Client Services and wider financial planning.

What Happens If You Do Not Have an LPA?

If you lose mental capacity and do not have a Lasting Power of Attorney in place, your family may need to apply to the Court of Protection for someone to be appointed as your deputy. This process is usually slower, more expensive and more restrictive than putting an LPA in place in advance.

By making an LPA while you have capacity, you retain control over who will manage your affairs and avoid additional stress and delay for your loved ones.

Costs and Fees

We understand that cost is an important factor. At Hibberts, we aim to provide clear and transparent pricing for Lasting Powers of Attorney.

Depending on your needs, we can usually offer:

• fixed fees for preparing and registering one or more LPAs
• combined pricing if you are also making or updating your will or undertaking wider trust and tax planning

There is also a registration fee payable to the Office of the Public Guardian for each LPA. We will explain the current fee and any available reductions or exemptions, and confirm all costs in writing before we start work.

Why Choose Hibberts for Lasting Powers of Attorney?

• Specialist private client and elderly client solicitors with extensive LPA experience
• Offices across Cheshire including Crewe, Nantwich, Tarporley and Whitchurch
• Many of our team are members of STEP (the Society of Trust and Estate Practitioners)
• Friendly, approachable advice in plain English
• Joined-up support with wills, estate planning, care fee planning and probate

Get Advice on Making a Lasting Power of Attorney

If you are thinking about putting a Lasting Power of Attorney in place, or you are concerned about a relative who may need support, our team can help.

Contact Hibberts today by phone or complete our online enquiry form and we will get back to you promptly to discuss your options.

Lasting Powers of Attorney – FAQs

Do I need a solicitor to make an LPA?
You do not have to use a solicitor, but many people choose to because the forms and decisions involved can be complex. Using a solicitor helps ensure the document is valid, reflects your wishes and works alongside your will and other planning.

Can I make an LPA if I have already been diagnosed with an illness?
You can usually make an LPA as long as you still have the mental capacity to understand what you are doing and give instructions. We can discuss your situation and advise you sensitively.

Can my attorneys change my will?
No. Attorneys can manage your property and financial affairs within the scope of the LPA, but they cannot make or change your will. We can advise separately on wills and estate planning.

Does having an LPA mean I lose control?
No. While you have capacity, you continue to make your own decisions. Your attorneys can only act in the way and at the times authorised by the LPA and the law.