Individual / Wills Trusts & Probate
A lasting power of attorney lets you choose, in advance, who would manage your finances or make decisions about your care if you ever became unable to do so yourself. Our power of attorney solicitors in Stockport help people across Greater Manchester, the North West and nationally to put these safeguards in place properly, so your family is not left facing the courts at a difficult time.
To get started, call 0161 930 5151, email willsteam@gorvins.com or use our online contact form for a confidential discussion.
A lasting power of attorney (LPA) is a legal document, governed by the Mental Capacity Act 2005, that lets you (the donor) appoint one or more people you trust (your attorneys) to make decisions on your behalf. You can make an LPA only while you still have mental capacity, which is precisely why it is worth doing before it is ever needed. Once made, an LPA must be registered with the Office of the Public Guardian before it can be used.
People often assume that a husband, wife, civil partner or adult child can automatically step in and deal with a bank, pension provider or care home if a loved one loses capacity. That is not the case. Without a registered LPA, your family would have to apply to the Court of Protection to be appointed as your deputy, a process that is slower, more expensive and more heavily supervised. An LPA puts the choice in your hands rather than a judge’s.
There are two separate LPAs, and many people sensibly make both:
You choose who acts, whether they act jointly or separately, and you can name replacement attorneys in case your first choice is unable to act. You can also leave instructions and preferences to guide how your attorneys make decisions.
An LPA is not the only kind of power of attorney, and it helps to know the difference. An ordinary power of attorney gives someone authority to deal with your financial affairs for a limited time or purpose, but it is only valid while you have mental capacity, so it is no use for long-term planning against future incapacity. Enduring powers of attorney (EPAs) were the predecessor to the property and financial affairs LPA. No new EPAs can be made since 1 October 2007, but an EPA validly made before that date remains valid and can still be registered and used. If you hold an older EPA, it is worth reviewing whether you also need a health and welfare LPA, which an EPA cannot provide.
The Office of the Public Guardian charges a registration fee of £92 for each LPA, so £184 if you register both types. Fee reductions or exemptions are available for people on a low income or certain benefits. Our fees for preparing and registering your LPAs are separate and are agreed with you before we start, usually on a fixed-fee basis.
Registration is not instant. There is a minimum four-week waiting period built into the process to allow anyone named to raise concerns, and current OPG processing times run well beyond that, so you should allow several months from submission to receiving a registered LPA. Errors on the forms are a very common cause of rejection and further delay, which is one of the main reasons to have a solicitor prepare and check the documents. The clear practical lesson is to put your LPAs in place while you are fit and well, not when a health crisis has already begun.
The LPA system is being modernised under the Powers of Attorney Act 2023, which is bringing in a more digital process, stronger identity checks to guard against fraud, and a requirement that only the donor can start the registration. Paper routes remain available for those who prefer them. The reforms are being rolled out in stages, and the underlying legal effect of an LPA is unchanged: what matters is that it is drafted correctly, signed in the right order and properly registered.
You can make an LPA without a solicitor, but the documents must be completed and signed in a very particular way, and a large number of self-prepared applications are rejected by the OPG for errors, each rejection sending you back to the start of a long queue. A solicitor makes sure the right options are chosen for your circumstances, that the document reflects your genuine wishes, and that it is valid and usable when the time comes. That matters most where family dynamics are complicated, where there are business interests, or where there is any question about the donor’s capacity.
Gorvins is a Legal 500 recognised firm based in Stockport, advising clients throughout Greater Manchester, Cheshire, the North West and across England and Wales. Every member of our wills, trusts and probate team is STEP qualified or working towards the qualification, and we are members of Solicitors for the Elderly, the national body for lawyers who advise older and vulnerable people, their families and carers. We are experienced in advising where capacity needs careful handling, including clients living with dementia.
We take time to understand your circumstances, explain your options in plain English, prepare your LPAs, act as your certificate provider where appropriate and handle registration with the OPG on your behalf, dealing with any queries that arise. LPAs work best as part of a wider plan, so we can prepare them alongside your will and any inheritance tax planning. If a loved one has already lost capacity and no LPA is in place, our Court of Protection team can advise on a deputyship application instead.
To start the process, call 0161 930 5151, email willsteam@gorvins.com or complete our online enquiry form.
No. An LPA can only be made while the donor still has the mental capacity to understand and agree to it. If someone has already lost capacity, the route is instead an application to the Court of Protection for a deputyship order, which appoints someone to manage their affairs. This is more expensive, more heavily supervised and takes longer, which is why it is so important to make an LPA in good time.
A property and financial affairs LPA covers money and property, such as banking, bills, investments and selling a home, and can be used with your consent while you still have capacity. A health and welfare LPA covers decisions about your care, where you live and your medical treatment, and can only be used once you have lost capacity. Many people make both so that all decisions are covered.
The Office of the Public Guardian charges £92 to register each LPA, so £184 for both types. Reductions or exemptions apply for people on a low income or certain benefits. Our fees for preparing and registering the documents are separate and are agreed with you in advance, usually as a fixed fee.
There is a minimum four-week waiting period built into the process, and current OPG processing times run considerably longer, so you should allow several months from submission to receiving a registered LPA. Errors on the forms are a common cause of delay, which is why having a solicitor prepare and check them can save time overall.
Yes. No new enduring powers of attorney (EPAs) can be made since 1 October 2007, but an EPA validly completed before that date remains valid. If your donor starts to lose capacity, the EPA must be registered with the Office of the Public Guardian before it can be used. Because an EPA only covers property and financial affairs, you may also wish to make a health and welfare LPA.
Yes, provided you still have mental capacity. You can revoke an LPA at any time, and you should formally notify the Office of the Public Guardian. If your circumstances change, for example an attorney is no longer able to act, it is best to take advice on whether to revoke and replace the LPA so that your arrangements stay effective.
Wills, Trust & Probate
