As life becomes more unpredictable, planning ahead is essential for individuals and families in Winsford. One critical element of future planning is putting a lasting power of attorney (LPA) in place. While many people associate LPAs with old age or declining health, the truth is that anyone over 18 can benefit from setting one up.
This blog explains what an LPA is, why it matters, the types available, and how residents of Winsford can benefit from appointing someone they trust to manage their affairs if they become unable to do so themselves.
What is a lasting power of attorney?
A lasting power of attorney is a legal document that allows a person (the donor) to appoint one or more people (attorneys) to make decisions on their behalf if they lose mental capacity or simply need help managing their affairs.
The LPA ensures that your chosen representative can step in when necessary, helping to protect your wellbeing, finances, and legal interests. Without an LPA, if you lose mental capacity, your loved ones might have to apply to the Court of Protection, which is often time-consuming, stressful, and expensive.
Why Winsford residents should consider becoming LPAs
Many people in Winsford believe that their spouse, partner, or children can automatically act on their behalf should something happen. However, without a legally valid LPA, they may not have any authority to do so. This can result in delays, legal challenges, and confusion during a time of crisis.
Having an LPA in place offers several key benefits:
- Peace of mind knowing that someone you trust is legally empowered to act for you
- Avoiding court delays or costly legal procedures
- Ensuring continuity in the management of finances and care
- Preventing potential family disputes
- Protecting your interests in line with your wishes
Whether you are concerned about ageing, a medical condition, or simply want to be prepared, an LPA is a proactive legal safeguard.
Types of lasting power of attorney
There are two types of LPAs in England and Wales. You can choose to make one or both, depending on your needs.
- Property and financial affairs (LPA)
This type of LPA allows your chosen attorney(s) to make decisions about your money and property. This includes:
- Managing your bank accounts
- Paying bills
- Collecting pensions or benefits
- Buying or selling property
- Handling investments
You can decide whether this type of LPA should be used only if you lose mental capacity, or whether your attorney can act while you still have capacity but need support.
- Health and welfare (LPA)
A health and welfare LPA covers decisions related to your care and personal wellbeing. It only comes into effect once you are unable to make decisions for yourself. Your attorney(s) can:
- Decide where you live and who you live with
- Choose your daily care (e.g., meals, routines)
- Arrange medical treatment and care
- Consent to or refuse life-sustaining treatment (if authorised)
This form of LPA allows someone you trust to speak up for you when you can no longer do so.
Who can be an attorney?
Your attorney should be someone you trust implicitly to act in your best interests. Many people choose a spouse, adult child, sibling, or close friend. You can also appoint a professional, such as a solicitor.
You can name more than one attorney and decide whether they must make decisions together (jointly), independently (severally), or a mixture of both.
It’s important to discuss the role with your chosen person(s) beforehand, so they understand the responsibilities involved.
How to make a lasting power of attorney in Winsford
Creating an LPA involves several steps:
- Choose your attorney(s) – Make sure they are over 18, mentally capable, and willing to act.
- Complete the LPA forms – These are available online through the Office of the Public Guardian (OPG), or a solicitor can assist to ensure accuracy and compliance.
- Have the forms signed and witnessed – You, your attorney(s), and a certificate provider must sign. The certificate provider confirms you understand what the LPA means and are not under pressure.
- Register the LPA – It must be registered with the OPG before it can be used. This takes around 8–10 weeks and involves a fee (currently £82 per LPA unless a fee exemption or reduction applies).
It is important to get the details right, as errors can result in delays or rejection. Many Winsford residents choose to work with a solicitor to ensure everything is handled correctly from start to finish.
When should you make an LPA?
The best time to make an LPA is before you actually need one. Mental capacity can be lost suddenly due to illness, accident, stroke, or dementia. Once that happens, it is too late to set up an LPA, and your loved ones would need to apply to the Court of Protection to manage your affairs.
In short, making an LPA while you still have full mental capacity ensures that:
- You retain control by choosing who acts for you
- You avoid the default court process
- Your preferences are legally recorded and respected
Common misconceptions about LPAs
Many people delay making an LPA due to common myths. Let’s address some of them:
- “I’m too young for an LPA”
LPAs are not just for the elderly. Anyone over 18 can set one up, and young adults with assets, responsibilities, or dependents should seriously consider it. - “My family can automatically act for me”
Not true. Without an LPA, family members have no legal authority to access your bank accounts or make decisions about your care. - “It’s only for the wealthy”
Everyone has bills, bank accounts, and possibly dependants. An LPA helps manage everyday matters, not just major assets. - “It’s complicated or expensive”
With the right guidance, the process is manageable and affordable, especially when compared to the costs of court proceedings later.
Why choose Marley Solicitors for your LPA needs in Winsford?
At Marley Solicitors, we understand that preparing for the future can feel daunting. Our experienced legal team supports clients in Winsford with straightforward, personalised advice on creating LPAs.
When you work with us, you receive:
- Expert guidance from local legal professionals
- Peace of mind that your LPA is valid and enforceable
- A fully managed service from initial discussion to registration
- Fixed fees with no hidden costs
We are committed to making the process as stress-free as possible, helping you and your loved ones feel secure and protected.
Real-world scenarios where LPAs make a difference
Here are a few examples of how LPAs have benefited individuals and families in the Winsford area:
- Early-onset dementia – A 55-year-old resident was diagnosed unexpectedly. Because they had an LPA in place, their spouse could immediately manage their care and finances without delay.
- Accident or illness – After a car accident left a local business owner temporarily incapacitated, their appointed attorney managed payroll, bills, and customer communication, keeping operations running.
- Elderly parent with declining health – With an LPA, their children were able to arrange appropriate care and ensure their needs were met without court intervention.
These cases highlight how an LPA can provide vital support when it is most needed.
A lasting power of attorney is not just a legal document. It is an essential part of planning for your future and protecting your family. For residents in Winsford, taking the time to create an LPA now can prevent stress, confusion, and financial hardship down the line.
Whether you want to appoint someone to help with your finances or to make healthcare decisions on your behalf, Marley Solicitors can guide you every step of the way.
Contact Marley Solicitors today
If you live in Winsford and want to create a lasting power of attorney, get in touch with Marley Solicitors. We offer a free initial consultation and flexible appointments to suit your schedule.
Let us help you make confident, informed choices for your future.
