LASTING POWERS OF ATTORNEY AND COURT OF PROTECTION

As with Wills a Lasting Power of Attorney should be considered an essential aspect of personal planning, not only for the elderly but for people of all ages because illness accidents and traumatic events can suddenly take away the ability to make decisions about financial and other important matters. Appointing someone who can step in, take immediate control and act on your best interests is what a Lasting Power of Attorney will do.

We can advise on all aspects of Lasting Powers of Attorney including the registration of those documents with the Court of Protection in cases where immediate authority to act is required. We can also help in cases where someone cannot look after their own affairs but does not have a Lasting Power of Attorney. In these circumstances, a Deputy must be appointed by the Court of Protection. We can assist with all aspects of this process.

In order to prepare a Lasting Power of Attorney for signature we will require amongst other things the details of the Donor (the person making the Lasting Power of Attorney) and the Attorneys (the persons authorised to act). We will also require the details of a person to whom Notice must be given if the Lasting Power of Attorney is to be registered with the Office of the Public Guardian. When the Lasting Power of Attorney is ready for signature we will arrange for the Donor (and the Attorneys if practicable) to attend our office. At that meeting we will ensure that the Donor checks and fully understands the terms and effects of the Lasting Power of Attorney before signing and that the Donor has the necessary mental capacity to do so. Mr. Selby will sign a Certificate in the Lasting Power of Attorney document stating that this is the case. If the Attorneys also attend then they will then sign – otherwise the relevant documentation will be sent to them for signature and return to our office so that the Lasting Power of Attorney can be completed. The Registration of the Lasting Power of Attorney at this stage is entirely optional – some clients prefer to register straightaway so that if mental capacity is lost suddenly (e.g. a stroke) then the Lasting Power of Attorney is already validated and enables the Attorneys to act immediately. Other clients prefer to adopt the ‘wait and see’ approach. Either way it is up to the client whether or not the Lasting Power of Attorney is registered immediately although it should be borne in mind that the Attorneys cannot act until the Lasting Power of Attorney has been registered and this process usually takes 10 weeks or so to complete.

In cases where someone loses mental capacity but does not have a Lasting Power of Attorney, an application must be made to the Court of Protection for a Deputy to be appointed. These applications can be complicated and will require medical evidence to be obtained and submitted to the Court together with full details of the Deputy and the person who has lost capacity. We can deal with all aspects of such applications and are able to act as Deputy for those clients who do not have relatives or friends willing or able to act.

Our fees for Lasting Power of Attorney and Court of Protection work are on a Fixed basis for complete transparency and are set out in the Fees section of this website. As with our Will Writing service home visits at no extra charge are available for those infirm clients unable to attend our office. 

CONTACT

For more help or information please get in touch.