Skip to main content

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

Emily SPENCER gave me a helpful and timely and efficient update of my will, problem free.
David
The work was done in a timely & professional manner
Anonymous
Emily Spencer helped us review & redraft our wills. From start to finish Emily was very efficient and helpful. She explained legal issues. Very clearly for us. We would highly recommend her.Many thanksLouise Elliott
Louise
Aged 91 I needed to rewrite my will and transfer my affairs from a city-centre solicitor to one more accessible for myself and my executors. Winston proved an ideal choice. Emily was most helpful and efficient with the will, and I am confident that my estate will be dealt with just as well.
David
I recently had my will written by Winston's Solicitors, and I couldn't be happier with the experience. From my very first contact with the firm, every member of staff was professional, courteous, and attentive to my needs.The solicitor who handled my will took the time to explain everything clearly, making sure I understood each part of the process and felt confident in the decisions I was making. There was no rushing or jargon — just clear, patient guidance through what can often feel like a daunting task.What stood out most was the consistent professionalism across the entire team, from initial enquiry to the final signing. It's clear that client care is a genuine priority at this firm, not just a tagline.I'd happily recommend Winston's Solicitors to anyone looking for a trustworthy, knowledgeable, and professional team to handle their will or other legal matters. Thank you for making the process so straightforward and stress-free.
Richard
We are very grateful to Winston Solicitors for their help in sorting out matters relating to a Last Will and Testament along with a Family Trust. As this was not a straightforward matter, we had no idea where to begin but, thanks to Monika Volsing and her team, this has now been completed. It has taken a good few months but Monika has been there to explain and carry out every step that needed to be undertaken. There is no way we could have done this without Winston Solicitors and I cannot recommend them highly enough
Lynne
Emily provided very clear advice and was extremely professional, proactive and efficient.
Philippa
Very helpful and informative covered all points and possibilities to my total satisfaction.
Ronnie
Contact us