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Lasting Power of Attorney Solicitors
If you were to lose your mental capacity with no Lasting Power of Attorney (LPA) in place, your affairs would be handled by a Deputy appointed by the Court of Protection. This can be a lengthy and expensive process. Our Lasting Power of Attorney solicitors can help you plan proactively to avoid this situation.
By making an LPA, you can appoint someone of your choice to look after your affairs and give guidance on how it should be used. They come in two forms:
A Property and Financial Affairs LPA – enables the attorney to make financial decisions such as operating a bank account, dealing with tax affairs, claiming benefits and buying and selling property
A Health and Welfare LPA – enables the attorney to make decisions about where you live, as well as consenting to or refusing medical treatment on your behalf
At Dutton Gregory Solicitors, we can help you to consider the options and, if an LPA is not possible, we can arrange for a Deputy to be appointed through the Court.
Our Lasting Powers of Attorney service
Our Lasting Power of Attorney solicitors can provide expert guidance through matters including:
- Making an LPA
- Acting as an Attorney
- Applications to the Court of Protection
Get in touch with our Lasting Power of Attorney solicitors
Our Lasting Power of Attorney solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
How our Lasting Power of Attorney solicitors can assist you
Making an LPA
When making a Lasting Power of Attorney, you must decide whether you need both a Property and Financial Affairs LPA and a Health and Welfare LPA, or just one of them. You must also be confident that the LPA has been drafted correctly, so it will have the effect you intend and that the powers it grants are not too broad ranging. This ensures that the person or people you appoint can only take the actions you would intend.
Our highly experienced Lasting Power of Attorney solicitors can provide advice on all aspects of LPAs, giving you confidence about the decisions you are making. We can then draft the LPA for you, making sure it works exactly as you would wish.
Acting as an Attorney
Being someone’s appointed Attorney is a serious responsibility and one that should not be taken lightly. It is important that you understand the role and the terms of the Power of Attorney, so you can be confident you are following the instructions correctly. Before using a Power of Attorney, it must be registered with the Office of the Public Guardian (OPG).
Our team can support Attorneys at every stage, making sure you are confident that you are properly discharging your duties and best supporting the vulnerable person who made the LPA.
Applications to the Court of Protection
If an LPA was not made or decisions must be taken that are outside the scope of an LPA, then you may need to apply to the Court of Protection. The Court can authorise specific actions, such as selling a property, or appoint someone as a Deputy to make decisions on an ongoing basis for someone who lacks mental capacity.
Our Court of Protection experts can assist with all matters related to the Court, including applications and acting as a Deputy.
6 reasons not to delay making an LPA
With too many people leaving setting up such an important document until the last minute (and, in some cases, when it is too late), here are our top 6 reasons for making an LPA as soon as possible:
1.Speed
If you lose capacity or need someone to step in to manage your affairs, appointed Attorneys will be able to do so straight away. This will reduce time delays during an often-difficult time and make the whole process a lot more straightforward.
Without an LPA, a ‘Deputy’ will need to be appointed and that is a very time-consuming process.
For those who have an ‘Enduring Power of Attorney’, in the event of losing capacity, it will need to be registered with the court.
2.Control
An LPA enables you to choose who your Attorneys are. You can appoint the same Attorney for both Property and Financial’ and ‘Health and Welfare’ LPAs, or have different Attorneys for each aspect of your life.
A Health and Welfare LPA will only be triggered when you have lost capacity, whereas a Property and Financial LPA can be used as soon as it has been registered and you need a helping hand.
You can also include preferences and instructions to your attorneys to help guide them and ensure they follow your wishes.
3.Cost
If you don’t have an LPA, an application will have to be made to the court for a ‘Deputyship Order’ and that would be much more costly.
4.Peace of mind
Once the LPA has been registered, it can remain ready to be used throughout your lifetime so, if you do unfortunately lose capacity, it is one less thing your family has to worry about. Not having an LPA can cause unnecessary stress in a difficult time.
People often feel a lot better in themselves, knowing that they are prepared for any unforeseen circumstances in the future.
5.Trust
As the choice of Attorneys is yours, you can trust them to act in your best interest and look after you when you are no longer able to do so.
6.Avoid running out of time
And finally…… Lasting Powers of Attorney can only be set up while you have capacity. It is important for them to be registered and ready to use before they are needed.
Frequently asked questions about Lasting Powers of Attorney
What is the role of a Lasting Power of Attorney?
A Lasting Power of Attorney grants authority to a nominated Attorney or Attorneys to assist someone with decisions about their affairs should the person making the LPA (the ‘donor’) ever lose mental capacity.
The role of the Attorney is to assist the donor with making decisions or make those decisions on their behalf. An Attorney must act in accordance with the terms of the LPA and must always act in a way they believe the donor would have intended and in the donor’s best interests.
What decisions an Attorney can assist with will depend on whether there is in place a Lasting Power of Attorney for Health and Welfare, for Property and Finances, or both.
How much does a Lasting Power of Attorney cost?
The cost of a Lasting Power of Attorney will depend on the situation, but they can often be prepared on a fixed cost basis. Please speak to a member of our team to find out more about our fees.
What is the difference between a Power of Attorney and a Lasting Power of Attorney?
A Power of Attorney is a document that empowers someone else to act for you.
You can make a General Power of Attorney which is normally time-limited and can be used for situations such as allowing someone else to act for you while you are in a different country or temporarily incapacitated.
A Lasting Power of Attorney grants someone the ongoing right to make decisions on your behalf only if and when you lose the capacity to do so yourself.
Who should I choose for a Lasting Power of Attorney?
When choosing who to appoint as your Attorney under an LPA, you should think about who you would trust to act in a way that you would have intended. Generally, people will pick a family member or close friend, but you can also appoint a professional Attorney, such as a solicitor or financial adviser.
An Attorney must be over the age of 18 and have the mental capacity to make decisions.
Who can witness a Lasting Power of Attorney?
Anyone over the age of 18 can witness an LPA, but your chosen Attorneys cannot be witnesses to you signing the document.
How long does it take to get a Lasting Power of Attorney?
Having an LPA drafted can be quite a fast process, usually taking a matter of weeks. Registering the LPA with the Office of the Public Guardian (OPG) can take up to 20 weeks (assuming there are no errors in the application).
Have another question about Powers of Attorney?
You can explore our Power of Attorney FAQs or feel free to ask us a question.
Why choose our Lasting Power of Attorney solicitors?
Real relationships that add value
We are not here simply to give legal advice. Many of our clients have been with us for years, coming back time and again due to the extra value we offer. By getting to know you and your needs, we can make sure every situation you may face is covered.
Exceptional personal service
Dealing with issues around your own mental capacity or that of a loved one can be daunting. Our friendly, empathetic team are here to support you in any way you need, making sure everything is explained clearly, so you can be confident you are making the right choices.
Expertise you can rely on
Our team has many years of experience advising clients nationwide on Lasting Power of Attorney law and related matters. The team includes members of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly (SfE), providing independent assurance of our expertise.
Our Lasting Power of Attorney solicitors’ fees
At Dutton Gregory, we aim for complete transparency with our fees. We can offer various options to suit you, including fixed fees where appropriate. A standard Lasting Power of Attorney can normally be prepared for a fixed fee, while hourly rates may be more suitable where you require ongoing support.
We will be happy to discuss our fees with you during your initial consultation with a member of our team.
Get in touch with our Lasting Power of Attorney solicitors
Our Lasting Power of Attorney solicitors can advise clients nationwide from our offices in Bournemouth, Chandler’s Ford, Poole, Winchester and Woking.
To arrange an initial consultation, you can contact your nearest office using the links above or fill in our quick enquiry form and we will get back to you soon.
