Powers of Attorney & Court of Protection

About PWJ Solicitors

We have served generations of individuals and local businesses, providing comprehensive legal advice.

The Law Society - Conveyancing

Preparing for Eventualities

General and specific forms of Power of Attorney are available to cover both temporary and permanent issues of Attorneyship.

Whether you are out of the country during the sale of your house and need to appoint an Attorney to make decisions and sign papers in your absence, or whether you are providing for a long-term solution for management of your financial affairs in the future, we can assist you with comprehensive and clear advice which considers all related issues.  We can also assist with applications to the Court of Protection.

Registration of Enduring Powers of Attorney

For those fortunate enough to have created an Enduring Power of Attorney (‘EPA’) prior to 2007, these are still valid and can be registered with the Court of Protection, subject to completion of the necessary application and payment of the associated fee.  We can provide advice on the registration procedure and undertake the application on your behalf, ensuring that all aspects of the future Attorney’s role are clear and provision is in place for the necessary accounting and administration once registration has been achieved.

Lasting Powers of Attorney

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

Lasting Powers of Attorney (‘LPA’s) replaced Enduring Powers of Attorney (‘EPA’s’) on 1st October 2007 and provide a more comprehensive and specific form of authority.  These Powers allow you to make plans for all forms of incapacity and illness and are not limited to the provision of assistance at the onset of dementia or other age related impairments.  There are two specific forms of LPA available – the first appointing an Attorney to take care of your financial and business affairs, and the second covering medical matters.

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 an LPA is a more expensive and complex process than the previous EPA with Court fees for the registration of the Power currently standing at £110. It is, however, still less expensive and time consuming than the alternative of an application to the Court of Protection to appoint a Receiver once capacity is an issue, and also allows you to choose your own representative.

When an LPA 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.

Court of Protection applications

Our specialist team can assist with Court of Protection applications, whether connected to vulnerable or elderly adults or children, providing timely and comprehensive advice on all issues.  We are here to help clarify complex requirements and instructions, and to assist with lengthy forms for applications, tailoring our advice and charges to fit your particular circumstances.

Capacity Issues

Issues of capacity are not limited to the more prominent conditions such as Alzheimers, and touch many families in different degrees. We have many years of experience in assisting with the difficult decisions for formal provision in the event of diminishing or lack of capacity, and can help you not only with the necessary Court and legal applications, but also to consider future financial and care planning options through trusts, attorney/guardianship and Will provisions.

General Elderly Client Care

Our solicitors and legal executives have many years of experience assisting with the multitude of legal and financial issues facing elderly clients and their carers, and we can offer support and advice on immediate and future issues to suit your particular requirements.

General Powers of Attorney

Various forms of general Power of Attorney can be created by our team of legal experts to meet your particular situation and needs, whether covering the long-distance selling of a property or business, the management of a business or a Lease.

Our solicitors can assist with:

  • Registration of Enduring Powers of Attorney
  • Lasting Powers of Attorney
  • Court of Protection Applications
  • Intervention
  • Capacity Issues
  • General Elderly Client Care
  • General Powers of Attorney

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