Power of Attorney Solicitors

Lasting Powers of Attorney

Should you require assistance with your personal affairs during your lifetime, a Lasting Power of Attorney allows your children, other family members or friends the power to make decisions on your behalf. Whether you are an appointed attorney for someone else or need to appoint an attorney, we are here to assist you so contact us today.

What are the two types of Lasting Powers of Attorney?

Property and Financial Affairs Lasting Powers of Attorney

A Lasting Power of Attorney for financial decisions can be drawn up by a Solicitor in cases where an individual is looking to appoint somebody to manage key aspects of their financial affairs such as their property, and its associated day to day expenses, as well as bank accounts and investments.

An LPA can be particularly useful if it is physically difficult for you to get to the bank or if you are unable to manage other day to day services because you are unable to leave your house or struggle to complete forms or use email. LPAs can continue even after the person granting the power loses capacity.

You can be reassured that your Attorneys must always be guided by the principles of the Mental Capacity Act, which is overseen by the Office of the Public Guardian, and they must always act in your best interests and provide information when requested.

Furthermore, unless you have lost mental capacity, your Attorney(s) must consult with you before they do anything on your behalf. They must also liaise with each other and they can be required to provide reasons for everything they undertake.

Health and welfare Lasting Powers of Attorney

A Lasting Power of Attorney for health and welfare decisions can only be used by an appointed attorney if the donor can no longer make choices for themselves.

A Power of Attorney will ensure that only people you have chosen can make arrangements regarding such things as your health care, your medication, where you should live, who should care for you and who should visit you.

There is also a section within the document where you are able to nominate replacement attorneys should substitution be required due to a death or refusal to act. You can also determine whether you wish to give your attorney authority to make decisions about life-sustaining treatment. The document is particularly useful if there is a dispute between family members, doctors, or social services involved in a loved one’s care.

You are only able to make a Lasting Power of Attorney when you have the mental capacity to do so. You will need a certificate provider to confirm your capacity at the time of making an LPA. If you are unable to make an LPA, then a friend, partner or family member can apply to the Court of Protection. The Court of Protection can appoint a family member or a friend as a Deputy (essentially, a court appointed attorney).

Why is capacity important?

An LPA can only be made where the donor has the mental capacity to grant the power to their nominated attorney.

How can our Solicitors help?

Our Lasting Powers of Attorney Solicitors have the experience and expertise to help you make a Lasting Power of Attorney, which will allow loved ones to make decisions on your behalf should you lose the mental capacity to do so.

At Eric Robinson, our expert Solicitors will guide you through the process and can provide tailored advice. We’ll talk to you about putting in place a Lasting Power of Attorney for the future, and we’ll help you deal with your concerns about a loved one’s continuing ability to look after their affairs and future estate planning.

Our Solicitors at our law firm offer clients specialist legal advice and a service we’re proud of. If you want to talk to one of our team about making a Lasting Power of Attorney please don’t hesitate to get in touch using the phone number at the bottom of this page. Please call any of our offices today, or enquire via our website pages, and we can talk you through the menu of VAT inclusive fixed fees that we offer.

Make sure you check out our Top 10 Tips for Lasting Power of Attorney.

To speak to us and find out more, get in touch with one of our local branches at the following locations: Southampton, Hedge End, Chandlers Ford, Winchester, Lymington, or Richmond Upon Thames.

Lasting Powers of Attorney fees

Enduring Powers of Attorney Solicitors

Before 1 October 2007, it was possible to make an Enduring Power of Attorney when you wished to appoint someone to manage your property or financial affairs.

What is an Enduring Power of Attorney?

An Enduring Power of Attorney can be used by the appointed Attorney(s) whilst the Donor (the person who made the power) has mental capacity.  However, if the Donor loses capacity or starts to lose capacity, the appointed Attorney(s) can only manage the Donor’s property and financial affairs once the Enduring Power of Attorney has been registered with the Office of the Public Guardian.

How do I register an Enduring Power of Attorney?

It is no longer possible to make a new Enduring Power of Attorney because from 1 October 2007, they were replaced by Lasting Power of Attorney.  If you think that you might in the future, lose your mental capacity and wish to appoint someone to look after your financial affairs and/or health and care, a Lasting Power of Attorney should be used. 

Where an Enduring Power of Attorney was made before 1 October 2007, it can still be registered and, if it is already registered, it will still be valid. 

Can I use an unregistered Enduring Power of Attorney?

You can use an unregistered Power of Attorney, providing that you still have the mental capacity to make that decision.

What is the difference between Enduring and Lasting Power of Attorney?

There are several differences between Enduring and Lasting Power of Attorney:

• An Lasting Power of Attorney can cover both property / financial and health / welfare decisions whereas an Enduring Power of Attorney only covers property and financial decisions.
• An Enduring Power of Attorney can be used before it is registered by the Office of the Public Guardian provided that the Donor has mental capacity.
• An Enduring Power of Attorney must be registered by the Office of the Public Guardian where the Donor lacks capacity.  Often, the process of registration occurs after capacity is lost which can cause delay.
• An Lasting Power of Attorney can only be used once registered by the Office of the Public Guardian, but it can be registered and relied upon by a finance attorney even when the donor has capacity. This reduces the risk of delay.
• An Attorney appointed by a Health and Welfare Power of Attorney can make decisions about an individual’s living situation as well as medical treatment whereas an Enduring Power of Attorney does not cover such decisions.