Powers of Attorney

Giving you control over your future

What is a Lasting Power of Attorney?

If you become unable to make decisions about your own affairs a lasting power of attorney (LPA) will ensure that a person you trust receives legal permission to make decisions for you.

There are two types of LPA...

Health and welfare

This LPA can be used to give an Attorney the power to make decisions about things like:

  • Giving or refusing to consent to medical treatment

  • Your medical care and accessing your medical records

  • Where you will live and with whom

  • Life-sustaining treatment

  • Decisions on your care plan including your diet, and how you spend your day.

A health and welfare LPA can only be used when you’re unable to make your own decisions.

Property and financial

Use this LPA to give an Attorney the power to make decisions about your money and property such as:

  • Accessing and using bank accounts

  • Managing investments

  • Collecting your benefits or pension

  • Paying your bills

  • Buying or selling property

A property and financial LPA can be used either before or after you lose the mental capacity to make your own decisions unless the LPA specifically states otherwise.

For both Lasting Powers of Attorney, you can restrict the types of decisions your attorney can make.

Why should I make a
Lasting Power of Attorney?

It’s a common misconception that Lasting Powers of Attorney are for the elderly but mental incapacity can affect anyone, regardless of age.  Unfortunately, no one knows what the future holds and anyone can have an accident or be struck down by an illness and in this respect a Lasting Power of Attorney is just as essential as having a Will in place. 

By making a Lasting Power of Attorney you can have peace of mind that in the future all of your affairs will be dealt with by your chosen, trusted Attorney.

Don’t leave it too late to create an LPA

Your local solicitor since 1882

Our team discuss the importance of LPAs

Your Power of Attorney team

Catherine Cole

Private Client Practitioner

Following a career in hospitality, Catherine began working in private client law in 2002. She joined Goughs in 2017 and within 2 years she was promoted to an Associate

Maxine Coles

Associate Chartered Legal Executive

Maxine specialises in Private Client work, with much of her work being in elderly client care. She has a natural empathy towards clients in what can often be distressing situations.

Samantha Cory

Solicitor

Samantha joined Goughs as a Solicitor in 2020. Samantha has been practicing in Private Client law since 2018, and loves the personal interaction with clients and being able to help them with difficult personal and emotional circumstances.

Annie James

Solicitor

Annie qualified as a Private Client solicitor in 2016 and joined Goughs in February 2020. She specialises in the preparation of Wills, Lasting Powers of Attorney, preparation and administration of Trusts, and the administration of Estates. Annie prides herself on taking the time to really understand the needs and priorities of her clients.

Rochelle Graham

Solicitor

Rochelle qualified as a Private Client solicitor in September 2019 after gaining valuable experience in the Private Client team. She is now a year qualified and continues to develop and further her knowledge of Private client work.

Luchia Hirst

Associate Solicitor

Luchia has been practicing Private Client law for close to 8 years, and really enjoys the client contact and hands-on nature of this area of practice.

Dawn Moir

Partner (TEP)

Dawn joined in 2003 and became a partner in 2004. Whilst Dawn supports her team with all aspects of estate planning and estate administration, her particular areas of expertise are later life planning & support, and trust creation & administration, including all things tax.

Phillip Bolton

Partner & Head of Private Wealth

Phillip is a Partner and Head of the Private Wealth Team at the firm. His practice encompasses all aspects of private client work, with a particular interest in complex Wills, wealth preservation, tax mitigation, and estate planning.

Emma Taylor

Partner & Head of Private Client

Emma began her life at Goughs in 2008 as a Solicitor. Now, with over 15 years of experience, she is a Partner and Head of the Private Client Department. Emma deals with all areas of Private Client work but has a particular interest in Trusts and Complex Property Ownership.

Trish Watkins

Senior Associate (CILEx)

As a Private Client lawyer, Trish always had a strong empathy for the elderly and vulnerable and prides herself in being able to engage with them and support them through what can be very difficult times.

Philip Fowler

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Popular questions
about preparing an LPA

You might fall ill, suffer an accident, or lack the mental capacity to make these decisions by yourself. It’s comforting to know you’ll have somebody there to make these decisions for you. 

For more information on creating an LPA, please click here.

The person appointed to act on behalf of the donor is called an Attorney. Anyone can be an attorney, as long as: they are capable of making decisions, and. they are 18 or over.

Yes – it is possible to place restrictions within the LPA document to limit what your Attorney can do on your behalf. It is also possible to offer written guidance to your attorneys, should you wish to do so.

For more information on acting as an Attorney, please click here.

A Will and a Lasting Power of Attorney are separate documents.  A Will only takes effect after death.  A Power of Attorney relates to a person’s lifetime affairs and the document ceases after death.

There is never a “right time” or “the perfect time” to create your Lasting Power of Attorney. Our advice…the sooner, the better! Once your LPA is created, you have piece of mind. You have to have capacity in order to register your LPA and as none of us know what is going to happen tomorrow, if we wait for the “right time”, it may never come.

To make your LPA you’ll have to be over 18 and still have the mental capacity to do so.

Many people consider that setting up the LPA can be done without legal help, but we consider it is best to seek legal advice, given that the LPA is such a powerful and important legal document.

A lawyer can also act as your Certificate Provider (confirming your mental capacity) and witness your signatures throughout the document, saving you another job.

Why work
with Goughs?

Local since 1882, with an excellent reputation

First-class, effective service

Largest solicitors in Wiltshire

Seven offices throughout the county

Nationally accredited law firm

Recognised by Legal 500 and Chambers & Partners

Related Pages

If a person lacks the mental capacity to understand and execute a Lasting Power of Attorney and has not signed any previous power of attorney, or if an existing power of attorney they have in place, is no longer valid it may be necessary for a Deputy to be appointed.

A Will allows you to select Executors to administer your estate. They are responsible for making sure that any debts are paid and the remainder of your estate, known as the residue, is distributed in line with the wishes of your Will.

Lasting Powers of Attorney

Deputyship & Court of Protection

Power of Attorney Disputes

Notary Services for Individuals

Living Wills

Statutory Wills