Power of attorney​​​​​​

Expert lawyers

Lasting Powers of Attorney (LPA's)

The problem with powers of attorney is that you don’t think about thinking about them until it is too late. A power of attorney must be made whilst you still have mental capacity to make one. It is very common for a client’s relative to contact us asking us to prepare powers of attorney for someone has already lost the mental capacity to understand & sign such documents. In such circumstances we have to tell you relative it is too late to make the power of attorney.

A power of attorney give someone other than yourself the power to look after your financial and welfare (health and social) matters when you are no longer able to do so. If you don’t have a valid power of attorney before you lose mental capacity to make one then your relatives have to apply to the Court of Protection for the court to appoint a deputy to look after your affairs. The problem with leaving matters to the Court of Protection is financial cost and delays in dealing with your affairs.

There are two powers of attorney. One is power giving the attorney the right to look after your financial affairs and the other is giving the attorney the power to look after your welfare. If the attorney has the power to deal with your financial affairs he/she pays the bills, invests your money and makes withdrawals from your bank account et cetera. If the attorney has power to look after your welfare he/she can arrange your care. Of course, you must trust completely the person who you name as your attorney in the power of attorney document. The same person can be your attorney for finances and welfare. There can be more than one attorney so two or more people can make the decisions on your behalf.

The procedure is that you make the power of attorney when you are well and it does not start to operate until you lose the capacity or desire to look after your affairs. When this happens the attorney (ies) register the Power of Attorney at the Office of the Public Guardian. Once it is registered then the attorneys can exercise the legal powers to look at your affairs. There is a fee of £82 for the Office to register each Power of Attorney. In certain circumstances depending on your income the Office of the Public Guardian may waive the fee entirely or remit part of it.

Ours fees for powers of attorney are

Single Power of attorney: £175.00 plus VAT of £35.00 total £210
Dual Power of attorney: £250.00 plus VAT of £50.00 total £300