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Why you need an LPA when you own a property

Using our high quality conveyancing service helps to make buying and selling properties as easy as possible. It is important to consider that it may not always be straight forward to buy and sell your property, especially if you were in hospital or abroad when documents need signing or if you lose capacity in the future. 

A Lasting Power of Attorney (LPA) is a legal document that sets out your wishes and allows you to choose:

  • Who will make decisions / act for you (known as your attorneys)
  • How your attorneys will make decisions (if they make them jointly or jointly in some situations and on their own in others)
  • What decisions are made (you can specify preferences and instructions)

A property and finance LPA

This type of LPA gives your attorney(s) the ability to:

  • Manage your bank and savings accounts 
  • Make or sell investments 
  • Pay your bills 
  • Buy or sell a property on your behalf

This LPA can be used either only if you lose capacity or as soon as it has been registered (but only with your consent). 

If you lose capacity:

With a property and finance LPA you could choose a person(s) to act as your attorney(s) on your behalf. They would legally be able to sell your property and/or buy another property on your behalf. Without having an LPA in place, someone would need to apply for a deputyship order (which is more expensive and time consuming) before being able to sell and/or buy a property on your behalf.

If you are unable to sign documents:

With a property and finance LPA you could give authority to your attorney(s) to buy and/or sell your property on your behalf or sign relevant documents on your behalf if you were unable to for instance physically unable or were abroad. Without having an LPA in place you may incur significant delays in the conveyancing process if you are unable to sign the relevant documents due to incapacity or being abroad at the time.  

Your risk without an LPA in place:

Many people hold off making an LPA thinking it is a task for the future. Remember that mental capacity can be affected by unforeseen circumstances such as a car accident or illness and not only from a mental illness.


Really helpful and friendly service.  We wouldn’t have been able to work through the Powers of Attorney process without the guidance of the staff at Winston Solicitors. We feel happy that we now have plans and security for our future.

Step 1: Your initial appointment

You will make an appointment at our office to discuss what you would like in your LPA. 
The appointment generally takes around 30 minutes. 

Step 2: Drafting your LPA

Once we know exactly what you would like in your LPA then we draft your documents and send them to you in the post. 

Step 3: Amendments

You need to review your LPA then contact us with any amendments you may have. At this point we will arrange another appointment.

Step 4: Second appointment

This is your opportunity to go through your LPA at our office and ensure you are happy with the document. Once you have signed your LPA it will be witnessed and dated. In this appointment we will also arrange for the document to be signed by a certificate provider. The appointment generally takes around 30 minutes. 

Step 5: Attorney signatures

We will arrange for your attorney(s) to sign the document(s) before we send the document(s) to the Office of Public Guardian (OPG) to be registered.

Step 6: Recorded delivery

Following registration we will send you the original document(s) via recorded delivery.

Client feedback

The whole process of sorting out my wife's estate and a lasting power of atorney was made a relatively easy to understand process because the team we dealt with spoke to us in an easy to understand language. They also acted quickly at every stage as well as always keeping us updated if there were any delays.
David
Fast efficient informative service
Christopher
Many thanks to Monika and staff at Street Lane office for their help and understanding at what was a very sad time for me. So efficient.Ann Campbell
Ann
Monika made the whole Wil process very simple & was more than happy to explain any concerns we had.
Jane
Emily was a very patient and supportive lady, as we were not very clued in to dealing with some of the internet issues and she guided us through it.Emily made altering our wills a breeze, would use this firm Winston solicitors 100 percent for all our business.
Tina
I received a welcoming and efficient service from Monika at Winston’s. A lovely, friendly lady that was very professional at the same time. I would use Winston’s again.
Michelle
Emily clearly explained the process to have an Lasting Powers of Attorney for Property and Finance and Health and Welfare.She communicated with precision giving the client the needed information .I would definitely recommend her .
Rosamund
I was dreading the probate process after my husband sadly died earlier this year. Friends who had been in the same situation warned me it could take months or even years. I didn't even know what it involved, it was a complete mystery to me!Thank good ness for Emily Spencer at Winston solicitors who talked me through the whole process and told me what information I needed to complete the paperwork. Emails and phone queries were answered very promptly and once I'd submitted all the figures the grant of probate was applied for by Emily and was returned within a few weeks, not months! Great result and nothing like the trauma I was anticipating.
Patricia
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