Power of Attorney Solicitors
We can ensure important decisions can still be made if you are unable to make them yourself
A Power of Attorney lets someone you trust manage your affairs when you no longer have mental capacity or otherwise need some temporary support
A Lasting Power of Attorney (LPA) means that, if you cannot make your own decisions in the future, you can have peace of mind that your directions are being followed by someone you trust acting on your behalf.
Just as we recommend that everyone should make a Will, we also recommend that they put in place an LPA as early as they reasonably can, to cover all eventualities.
Without an LPA in place, should you lose mental capacity, for example, because of an accident or a sudden onset of a medical condition such as a stroke, your spouse or loved ones will not be able to access your assets or manage your affairs and welfare needs. They would need to apply to the Court of Protection to gain authority to do so which can be expensive and stressful.
LPAs can also be used while you have mental capacity to help you if you are having difficulties managing your own financial affairs, for example, because you’re recovering from an operation. There’s also a specific type of Power of Attorney, called an Ordinary Power of Attorney (OPA), that can be set up to allow someone to temporarily manage your financial affairs.
Our experienced specialist lawyers can help you to prepare and register Powers of Attorney.
Exceptional expertise with a genuine, personal service
No two cases are alike. We work sensitively with our clients to understand what is important to them and define how they want their financial and personal affairs to be managed. We help them to appoint an attorney to make these decisions on their behalf once they are no longer able to do so themselves.
We advise people of all ages and from all walks of life. Whoever you are, it’s important to make sure that you can live securely and with dignity as you grow older, even if you lose your mental capacity – an LPA can help with this.
We also have a dedicated Older and Vulnerable Client team who have particular expertise advising on the unique legal issues that affect people as they get older or when they have additional needs.
Our team includes members of the prestigious Society of Trusts and Estate Practitioners (STEP), the Law Society Private Client Section and Solicitors for the Elderly which reflects our exceptional expertise in all matters related to lifetime planning.
Speak to our Power of Attorney solicitors
To discuss your requirements with our warm, welcoming Power of Attorney experts, please get in touch.
Get friendly, expert advice about Powers of Attorney
Our highly experienced and specialist Power of Attorney solicitors help with all matters, including:
- General advice on the different types of Powers of Attorney and which one is right for you
- Drafting Powers of Attorney
- Choosing attorneys and deciding how many attorneys to appoint
- Registering your Power of Attorney
- Advice for attorneys about making decisions for people who lack mental capacity
- Advice about the validity of an Enduring Power of Attorney (EPA)
- Making Business Lasting Powers of Attorney to help business owners protect their commercial interests
- Making Powers of Attorney for married couples and civil partners
- Ending a Power of Attorney
As well as our Power of Attorney expertise, we have a wide range of experience supporting older and vulnerable people, including care funding advice and estate planning, so all your legal needs are covered in one simple, accessible place. Visit our Older and Vulnerable Client page for more information.
Powers of Attorney automatically end when the donor (the person who made it) dies. We also provide probate and estate administration services to help during this time.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that you can make to appoint a person or people you trust (your attorneys) to manage your financial affairs and/or health and welfare if you lose the capacity to make your own decisions in the future.
There are many reasons why you may need the support of an attorney in the future, for example:
- A brain injury
- An illness such as Alzheimer’s disease
- A medical condition such as a stroke
- A severe mental health condition
A Lasting Power of Attorney can cover either or both management of your finances (a Property & Financial Affairs LPA) and decisions regarding health care and living arrangements (a Health & Welfare LPA).
LPA’s can cover day-to-day transactions such as opening a bank account and making payments, major decisions such as buying or selling property as well as health-related matters.
Your LPA must be properly registered with the court in order to be effective.
A Property & Financial Affairs Lasting Power of Attorney can also be used while you still have mental capacity. For example, if you need someone to manage your finances because you are going abroad for a long time, going into hospital, have disabilities that make it difficult to manage your finances, or are otherwise unable to manage your own affairs.
An Ordinary Power of Attorney (also called a General Power of Attorney) can also be set up to appoint someone to manage specific financial affairs when you have mental capacity.
Can you still use an Enduring Power of Attorney?
Enduring Powers of Attorney (EPAs) were replaced with Lasting Powers of Attorney in 2007 so you cannot make an EPA anymore.
If you made an EPA before October 2007, it can still be registered and used. However, it’s worth considering whether you would benefit from cancelling it and making a Lasting Power of Attorney.
EPAs can only cover property and financial affairs whereas LPAs can cover property & financial affairs and health & welfare. LPAs also provide more protection for the donor because the LPA must be registered before it can be used. EPAs only need to be registered once a person loses their mental capacity.
If you are unsure about whether making an LPA to replace your EPA is right for you, please get in touch and we’d be happy to help.
Speak to our Power of Attorney solicitors
To discuss your requirements with our warm, welcoming Power of Attorney experts, please get in touch.
