Lasting Powers of Attorney and Court of Protection

When making a Will it is always prudent to consider creating a Power of Attorney to provide details of who should manage your affairs in the event or your incapacity. 

If you were to become mentally incapable without having a Power of Attorney in place, an application would have to be made to the Court of Protection by someone so that they could deal with your affairs.  This procedure is known colloquially as ‘Receivership’ and long and expensive,  and the person or persons who apply may not be the person or persons you would like to manage your financial affairs.  There would be an application fee and subsequently a further fee when the Court appointed a Deputy to look after your financial affairs.  In addition you would need to factor-in any legal fees incurred if we were to assist with the application. 

It is no longer possible to make an Enduring Power of Attorney, although those made before the 1st October 2007 deadline remain valid as long as they have been validly created. Instead you can now make a Lasting Power of Attorney (LPA).  The LPA can deal with financial affairs, or personal welfare, or both.  It is therefore much more comprehensive.  Before it can be used it must be registered with the Office of the Public Guardian for a fee.  If you would like further information, and an estimate of our charges, please let us know.

Our specialist team can provide sensitive and expert advice on the most appropriate Power for your personal and family circumstances.  Timely advice is essential, especially in the case of the elderly and infirm who may be unwilling or unable to manage their own affairs.  The creation of a Lasting Power of Attorney is a more expensive and complex process than the previous Enduring Power of Attorney with Court fees for the registration of the Power.  It is, however, still less expensive and time consuming than the alternative of an application to the Court of Protection once capacity is an issue, and also allows you to choose your own representative.

When a Lasting Power of Attorney has not been made, or assistance is required for a vulnerable adult or child, the Court of Protection will step in to ensure that protection is in place by appointing a Receiver.  We can provide expert advice on this complex and sensitive area, whether for applications to the Court or advice on existing matters.