Lasting Power of Attorney Solicitors

Giving you peace of mind that someone you trust is in charge of your affairs

Helping you give someone power of attorney

If you or someone you love loses mental capacity in the future and are unable to make decisions about your own affairs, you will need a Lasting Power of Attorney (LPA). This ensures that a person you trust receives legal permission to make decisions for you if you are unable to, meaning you know your future is protected.

At Goughs, similar to our excellent will services we can provide a power of attorney solicitor to you so you can be sure you and your loved ones are well represented.

Key Contact

Emma Taylor

Partner & Head of Private Client

Two types of Lasting Powers of Attorney

Health & 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

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

Property & Finance

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

Access and use bank accounts

Managing investments

Paying your bills

Buying or selling property

A health and welfare LPA can only be used when you’re unable to make your own decisions. Where as 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. Speak to our power of attorney solicitors to learn more. 

Peace of mind through a difficult time

When it’s time to start considering your options, there are a few things you need to consider; Goughs are here to help you understand what’s available to you, and ensure making a lasting power of attorney is as straightforward for you as possible.

There are two types of LPA’s; Health and Welfare and Property and Financial. Each has different responsibilities so it’s important to understand which option works for you and how best to structure each power of attorney. If you have any questions, or need help clarifying anything, our power of attorney solicitors are here to support you through every step.

Related reading: Court of protection disputes | Making a will | Deed of variation

How our Power of Attorney Solicitors can support you

Our team can support you through the various steps required to create a lasting power of attorney that reflects your wishes:

Understanding the different types of powers for attorneys

Helping choose the right attorney for you

Helping your attorneys complete their paperwork

Advising the best structure for your document

Drafting the lasting power of attorney with clauses bespoke for you

Registering your lasting power of attorney with the Office of the Public Guardian

Lasting power of attorney and probate

Probate is the legal right to deal with someone’s estate after they have died, whereas a lasting power of attorney means nominating a person to manage another person’s affairs while they are still alive.

So it’s important to understand if you have been appointed as an attorney for a loved one, this will end once they have died. After their death, responsibilities relating to this person’s estate will pass to the executors named in their will, or their closest living family member if no will exists.

If you’d like to speak to us about making a will, please get in touch. Additionally, we can provide you with a solicitor specialising in lasting powers of attorney to help you better understand the options available to you and your loved ones.

Don't leave it too late to create an LPA

Your local solicitors since 1882

Lasting Power of Attorney FAQs

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. Learn more about making a will.

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.

Our clients rate us as excellent

Legal 500

Client orientated; they ensure the client is well informed with easy to read documents.

L C, Devizes

Our Wills were dealt with efficiently, we have already recommended your firm to our daughter and husband. Absolutely brilliant – thank you.

Sue Greenman

Everything was completed professionally and within my tight time scales. I would like to say thank you and would definitely go back to Goughs should I need help in the future.

Legal 500

Goughs gives outstanding customer satisfaction. They are very approachable, reliable, courteous and informed. I would recommend Goughs to anyone.

R F, Melksham

Great service, professional, great communication and handled what was a very sensitive situation with care and compassion.

W D, Calne

Professional, helpful & knowledgeable service. Giving very clear advice in a way I could understand. Thank you.

Meet the Private Client team

Casey Gilroy

Trainee Solicitor

Dawn Moir

Partner (TEP)

Elizabeth Stiddard

Associate (FCILEx)

Emilie Gouzien

Solicitor

Emily Windsor

Associate Solicitor

Emma Tandy

Solicitor

Emma Taylor

Partner & Head of Private Client

Gemma Creighton

Trainee Solicitor

Emma Tandy

Solicitor

Sarah Loveless

Partner

Gemma Creighton

Trainee Solicitor

Olivia Clifford

Trainee Private Client Paralegal

Casey Gilroy

Trainee Solicitor

Harriet Pestille

Trainee Solicitor

Rachel Kyle

Paralegal

Emilie Gouzien

Solicitor

Emily Windsor

Associate Solicitor

Maxine Coles

Associate (FILCEx)

Samantha Pettersen

Associate Solicitor

Elizabeth Stiddard

Associate (FCILEx)

Luchia Hirst

Associate Solicitor

Dawn Moir

Partner (TEP)

Phillip Bolton

Partner & Head of Private Wealth

Emma Taylor

Partner & Head of Private Client

Trish Watkins

Senior Associate (FCILEx)

Why choose 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

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Our Offices

The Strand, Calne
Wiltshire, SN11 0JU
01249 812086

Chippenham
Mill House, 1 New Road
Chippenham, Wiltshire
SN15 1EJ
01249 444499

Corsham
23 Pickwick Road, Corsham,
Wiltshire, SN13 9BH
01249 712193

Devizes
Ramsbury House
30 Market Place, Devizes
Wiltshire, SN10 1JG
01380 726913

Melksham
5 Bath Road, Melksham
Wiltshire, SN12 6LN
01225 703036

Trowbridge
2 Fore Street, Trowbridge
Wiltshire, BA14 8HX
01225 762683

Greenways
Unit 5
Greenways Business Park
Bellinger Close
Chippenham
SN15 1BN
01249 475880

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