Power 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.

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 £92. 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.

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.

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.

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.