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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

My wife and I instructed Momika Wolsing of Winstons Solicitors to draw up new Wills.I am please that we did so and am happy to provide a review in this context As a former lawyer myself, I have a critical eye.We found her efficient, knowledgeable. helpful and pleasant. She has an eye for detail and knows her business.She drew up the Wills in good time.Her fees were reasonable Her support staff are also pleasant and efficient.Altogether, from first to last, we received a 5 star service and I was happy to instruct Winstons as co-executors of the Wills.
Paul
I found Winstons to be a highly professional, efficient and compassionate firm of solicitors. The original estimate of fees for dealing with a complex probate matter including the sale of a property and dealing with inheritance tax proved to be very close to the final amount charged. At all stages throughout the process I was kept well informed of progress and was consulted whenever necessary. All correspondence was polite and pertinent, and my wishes were acted upon promptly. I would have no hesitation in recommending Winstons to others and would readily use their services myself in the future should the need arise.
Anonymous
Recently I have used the services of Winston Solicitors to deal with my wife's estate and to update my will. In both cases everything was explained in straightforward language and so was easy to understand. Things were dealt with promptly and I was always kept informed of progress. The friendly approach of members of the team made a difficult situation much easier to deal with. My family will certainly seek the services of Winstons when required in the future.
David
We are very grateful to Emily and all at Winston Solictors who have gone above and beyond and been so helpful and professional. All queries were responded to quickly and it really felt llike a personal service, tailored to me. We are extremely grateful to them for everything.
Katherine
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
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