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A Power of Attorney is a legal document that allows you to give authority to someone else to make decisions on your behalf for a wide variety of purposes. The powers you wish to delegate to your attorney(s) and the purpose you are delegating for will drive the type of document you need to achieve your aim. We advocate that everyone should have a Lasting Powers of Attorney in place in case they ever lack the capacity to make decisions for yourself.
There are three main types of Power of Attorney available, including a Lasting Power of Attorney (LPA) and we can work with you to identify the best options for your needs. We can draft the document on your behalf and register it (if needed) so that it is ready to use, should this ever become necessary.
To discuss how our Powers of Attorney solicitors in Birmingham can help you, please contact our Birmingham office.
Our Power of Attorney solicitors in Birmingham can assist with matters including:
- Advice on the types of Powers of Attorney available
- Drafting property and financial affairs Lasting Powers of Attorney
- Drafting health and welfare Lasting Powers of Attorney
- Drafting business Lasting Powers of Attorney
- Drafting Ordinary Powers of Attorney
- Registering LPAs with the Office of the Public Guardian
- Advice on mental capacity
- Advice for attorneys
- Power of Attorney disputes
Bespoke advice from our expert LPA solicitors
We have extensive experience in helping clients with Powers of Attorney, ensuring they have the right documents in place to provide security for the future. Our expert solicitors have an in-depth understanding of the law relating to Powers of Attorney and will be able to give you bespoke advice, tailored to your needs.
Power of Attorney FAQs
What are the types of Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney gives authority to a trusted attorney to make a range of decisions on your behalf, should you ever become unable to make these for yourself. There are two types of LPA:
- A property and financial affairs LPA; and
- A health and welfare LPA
Property and financial affairs LPA
A property and financial affairs LPA will allow your attorney to make decisions relating to your assets. This can include:
- Paying your bills
- Insuring and maintaining your home
- Managing your bank account and your investments
- Receiving your benefits on your behalf
- Selling your home, should this be needed
You have the option to decide exactly what you would like your attorney to be able to do on your behalf. You can appoint more than one attorney if you wish and you will need to specify whether they can each act independently or whether they have to take decisions together. You may want to allow them to make decisions independently on most things but require them to act together in respect of more major actions, such as deciding to sell your property.
An LPA needs to be registered with the Office of the Public Guardian before it can be used. We can arrange for this to be done straightaway, as it will often take several months to be processed. This means that it will be ready to use, if and when it is needed.
With a property and financial affairs LPA, you can allow your attorney to use it while you still have mental capacity if you wish. For example, if you will be away or if you have difficulty in attending the bank in person, they could use the LPA to do this on your behalf.
Health and welfare LPA
A health and welfare LPA will give your attorney the authority to make a range of decisions relating to your care, such as:
- What your daily routine will look like
- Where you will live
- What help you will have
- What life-sustaining medical treatment you will receive
You can opt not to give your attorney the authority to make decisions about life-sustaining medical treatment if you wish.
Unlike a property and financial affairs LPA, a health and welfare LPA can only be used in the event that you lose the mental capacity to make your own decisions.
What are the types of Power of Attorney UK?
As well as the above two LPAs, it is also possible to make a business LPA. This is a Lasting Power of Attorney that will give someone authority over your business affairs should you be away or lose the ability to manage them yourself.
You can put a business LPA in place as well as a personal property and financial affairs LPA, as you may want different attorneys to act for you.
There is also an ordinary Power of Attorney. This is usually chosen when you need someone to act for you in respect of a specific decision or while you are away. For example, if you wanted to sell your house but you will be abroad for a period of time, you could execute an ordindary Power of Attorney giving someone the authority to deal with the sale on your behalf in your absence.
Some individuals may also hold an Enduring Power of Attorney (EPA). This is similar to an LPA, which replaced the EPA in 2007. While you can no longer make an EPA, you can still use one that was made prior to 1 October 2007. However, you may want to consider replacing this with an LPA as the LPA has some advantages over the EPA. For example, an EPA cannot be registered until someone loses mental capacity, which could cause delays, and there is no option to have an EPA in respect of your health and welfare.
Why is it important to have a Lasting Power of Attorney in place?
Without an LPA, your loved ones could find it difficult to step in to help you, should you ever need them to. If someone becomes unable to manage their own affairs, their relatives will not be able to deal with their finances or arrange care on their behalf unless they have the legal authority to do so.
Once mental capacity has been lost, it is too late to put an LPA in place. By dealing with this while you are able to and arranging for your LPAs to be registered, your loved ones will be able to help you straightaway, should this ever be necessary. This can make matters substantially easier. Without an LPA, your family would need to apply to the Court of Protection for a deputyship order. This is a longer and more expensive process with more long-term monitoring. In the meantime, no-one would be able to handle your finances or make decisions for you.
We understand that it can be difficult to think about the future, but by putting LPAs in place while you still can, you will have the peace of mind of knowing that you have made things as easy for your family as possible, should you ever need their help.
Our Power of Attorney fees
We will let you know at the start how much our costs will be for work we undertake on your behalf. We are able to offer fixed fees for the majority of Power of Attorney work. If we will be charging on an hourly rate, we will make sure that you have the level of expertise that you need and give you a clear and comprehensive quote at the outset, ensuring that you are happy with this before we start work.
To discuss the likely costs for your Power of Attorney needs, please feel free to contact us and we will be happy to help.
Why choose Roythornes’ Powers of Attorney solicitors in Birmingham?
Our Private Client team, which includes our specialist Powers of Attorney Solicitors, have extensive experience in helping clients put LPAs and general Powers of Attorney in place. We will make sure that your rights and interests are protected and that you have the documents you need to allow your trusted attorney to help you as needed.
We will take the time to understand your situation and provide bespoke advice, whether you are an attorney or you need to put an LPA or other power in place.
Our Private Client team in Birmingham is led by Partner Joanna Grewer, who has an in-depth understanding of Powers of Attorney and the law underpinning them. She has expertise in dealing with a wide range of private client matters including advising on a wide range of succession planning and taxation issues assisting in protecting wealth across generations. In addition she manages both estate and trust administration matters and advises on powers of attorney and Court of Protection appointments; acting as professional deputy for a number of clients. Building long term relationships with clients, their families and advisors ensures that Jo can provide the best advice as a trusted advisor for generations.
You will find our Private Client solicitors to be friendly and approachable. We know that the subject can be daunting and we always take the time to make sure our clients are happy and fully understand what is happening and the implications of signing a Power of Attorney. We are easy to contact and will always be pleased to speak to you to answer your questions and discuss any concerns you may have.
As well as exceptional legal expertise and a high level of personal service, we also provide outstanding value for money.
In addition to our Birmingham office, we have offices in Nottingham, Alconbury, Peterborough and Spalding.
Get in touch with our Birmingham Power of Attorney solicitors
To speak to our expert Powers of Attorney solicitors in Birmingham covering the local area, please contact our Birmingham office.
