Lasting Power of Attorney Solicitors in Northwich, Cheshire
Protecting your decisions. Safeguarding your future.
None of us like to think about losing the ability to make our own decisions. However, illness, injury or age-related conditions can happen unexpectedly. Putting a Lasting Power of Attorney (LPA) in place ensures that, if the time comes, the people you trust can step in and act on your behalf.
At Gavin Edmondson Solicitors Ltd, our private client solicitors provide clear, practical advice to help you put the right safeguards in place — giving you and your family reassurance for the future.
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 trusted individuals (your “attorneys”) to make decisions on your behalf if you lose mental capacity — or, in some cases, while you still have capacity but require assistance.
There are two types of LPA:
Property and Financial Affairs LPA
This allows your attorney to manage matters such as:
- Bank accounts
- Paying bills
- Managing investments
- Selling property
- Handling tax affairs
Health and Welfare LPA
This allows your attorney to make decisions about:
- Medical treatment
- Care arrangements
- Daily routine and living arrangements
- Life-sustaining treatment (if you choose to grant that authority)
Both documents must be registered with the Office of the Public Guardian before they can be used.
Why Is an LPA So Important?
Without a valid LPA in place, your loved ones cannot automatically make decisions on your behalf if you lose capacity.
Instead, they may need to apply to the Court of Protection for a Deputyship order. This process can be lengthy, costly and emotionally stressful at a time when your family is already coping with uncertainty.
Putting an LPA in place now avoids unnecessary court involvement later and allows you to choose who will act for you — rather than leaving that decision to the court.
You can read more about the difference between a lasting power of attorney and a deputyship order in our detailed guide.
How LPAs Fit Into Your Wider Estate Planning
A Lasting Power of Attorney is separate from a Will — but both are essential parts of responsible planning.
While your Will determines what happens to your assets after you pass away, an LPA protects you during your lifetime if you are unable to manage your own affairs.
For many clients, LPAs form part of a broader Trust and Estate Planning strategy. Ensuring that your attorneys understand your financial structure, trust arrangements or business interests can provide continuity and stability if unexpected circumstances arise.
Planning both for lifetime incapacity and for the distribution of your estate after death creates a complete and robust legal framework.
Choosing the Right Attorneys
Selecting your attorneys is one of the most important decisions you will make. They should be:
- Trustworthy and financially responsible
- Willing to act in your best interests
- Capable of managing potentially complex decisions
- Able to work cooperatively if more than one is appointed
We will guide you through the options, including whether attorneys should act jointly or jointly and severally, and discuss safeguards to protect your interests.
Our Approach
We understand that conversations about loss of capacity can feel uncomfortable. Our role is to make the process straightforward, clear and supportive.
We will:
- Explain the differences between each type of LPA
- Help you decide who to appoint
- Ensure the documents are accurately completed
- Arrange proper signing and witnessing
- Register the LPA with the Office of the Public Guardian
By ensuring everything is properly prepared and registered, you avoid delays or complications should the documents need to be used in the future.
When Should You Put an LPA in Place?
The simple answer is: sooner rather than later.
An LPA can only be created while you still have mental capacity. Many people assume it is something to arrange later in life, but unexpected illness or accidents can happen at any age.
Early planning provides reassurance and prevents urgent, stressful decisions during a crisis.
Speak to a Power of Attorney Solicitor Today
If you would like advice about putting a Lasting Power of Attorney in place — or if you are concerned about a loved one who may no longer have capacity — please contact our Private Client team in Northwich.
We will provide clear guidance and help you take practical steps to protect your future with confidence.
Lasting Power of Attorney FAQs
A power of attorney is a legal document in which one person, known as the ‘donor’, gives another person, known as the ‘attorney’, the power to act on their behalf and in their name and best interest.
Power of attorney is useful in situations when you’re no longer able to make decisions on your own, or you may choose not to. You’ll need to appoint someone using a formal power of attorney document, as legally your family members don’t automatically have the right to take on this responsibility
Your family members may have to pay high costs in the instance where you lose capacity without having a power of attorney in place. This is due to them having to go through Court to gain decision-making powers. While this is decided, decisions may be made by others for you that don’t reflect your true wishes.
A lasting power of attorney (LPA) gives the attorney the responsibility and authority to act on behalf of an individual if they lose mental capacity. There are two types:
- Health and welfare - this gives the attorney the right to decide matters such as medical care, accommodation, daily routine, and giving/refusing consent to life-sustaining treatments.
- Property and financial affairs - this gives the attorney the authority to manage bank accounts, deal with benefits and pensions, pay bills, and buy/sell property.
You should base your decision on who you can trust. Who you appoint as a lasting power of attorney could be a friend or family member, providing they are over the age of 18 and have mental capacity to make their own decisions. For financial decisions, it could be a solicitor.
You may wish to appoint multiple people as a lasting power of attorney. They can either work together or separately when making decisions. You can specify who has what responsibilities, and how they must do it.
The responsibilities of a lasting power of attorney (LPA) include making decisions on behalf of the person who granted them the power, when that person is unable to do so themselves. Depending on the type of LPA, you may have the power to handle financial affairs, make health and welfare decisions, or both. The person who has been appointed LPA powers is obligated to act in the best interests of the donor. They must consider their preferences and wishes wherever possible. It’s crucial for those appointed to keep accurate records and stay within the legal framework outlined in the LPA.
- The buying and selling of your property.
- Paying your bills, including your mortgage.
- Making property or monetary gifts on your behalf.
- Where you live and the type of medical care you receive if you’ve lost the mental capacity to decide for yourself.
- Making decisions for you about potentially life-saving treatment.
While the law already sets out certain things that the attorney can’t do, you can also specify the types of decisions they can and can’t make on your behalf.
The law states that attorneys can’t make a large financial gift or donation on your behalf, and the individual with LPA powers shouldn’t mix their finances with yours. They also can’t make a change to your Will without a specific order from the Court of Protection.