Powers of Attorney
A Power of Attorney allows you to authorise someone you trust to make decisions on your behalf about matters such as your finances, property, health and wellbeing. There are various different types of Power of Attorney you can make, depending on your needs.
Every Roythornes' client is encouraged to consider the advantages of a Power of Attorney. This may range from the pure simplicity of a general Power of Attorney in which authority can be transferred to deal with an immediate need, to the more complex and considered Enduring Power of Attorney (EPA) or Lasting Powers of Attorney (LPA).
Our team are highly experienced with advising clients on the drafting, registration and execution of Powers of Attorney, so will be happy to discuss your needs with you and help you get the appropriate documents drawn up as soon as possible.
For expert help with a power of attorney, you can arrange an initial face-to-face consultation or, alternatively, a telephone or video conference call with one of our specialist legal advisors.
To arrange your initial consultation with our specialist team, please get in touch with your local Roythornes branch in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
As part of Roythornes' commitment to ensuring our clients are covered for all eventualities, we have developed a range of services empowering individuals to plan for the management of their financial affairs as well as decisions over their personal welfare in the event that they are prevented from doing so as a result of injury or illness.
These useful documents in their initial form were introduced on 1 October 2007. They differ from their predecessor EPA in a number of ways, including;
We have helped thousands of clients to put in place Lasting Powers of Attorney and in most cases can offer a fixed quotation covering the cost of preparation and registration.
Once registered, should you change your mind, please contact our helpful team who can assist you in completing a deed of revocation.
Provided they were executed before 1 October 2007, EPAs continue to be valid and useful. Where the donor of an Enduring Power of Attorney has become or is becoming incapable of managing their affairs, there is an obligation on the attorney to register the power with the Office of the Public Guardian (OPG). Should you need any support, our team can be contacted to help you in completing this application.
Should you have an EPA, it is important to remember that this document only allows your attorney to make financial decisions on your behalf. If you wish your attorneys to make welfare decisions, you should consider completing an LPA (see below).
A General Power of Attorney can be used to authorise someone to manage your financial affairs temporarily or to deal with a specific matter on your behalf.
For example, you might need someone to look after your finances while you are in hospital or travelling, or it might be necessary to authorise someone else to carry out business for you abroad e.g. buying property.
Our expert team can assist you with drafting a Power of Attorney that matches your requirement, giving your attorney the exact authority they need to smoothly and effectively deal with your affairs while avoiding any risk of them overreaching their intended role.
Power of Attorney FAQs
What is meant by 'mental capacity'?
The completion of an LPA requires our client to have capacity to understand the document. If you are making enquiries on behalf of a family member who currently lacks the capacity to understand the legal document then our Court of Protection specialists can assist you and your family further.
How long does a Power of Attorney last for?
A General Power of Attorney will normally specify how long it will last for, while an Enduring Power of Attorney or Lasting Power of Attorney will last until it is withdrawn by the person who created it or until they or all named attorneys pass away.
Who can be an attorney?
Anyone over the age of 18 can be an attorney, but it will usually be a relative, friend, spouse or partner, or a professional such as a solicitor or accountant.
You can have more than one attorney and, if you do appoint multiple attorneys, you can choose whether they will need to agree on any decisions they make or whether they can act independently.
It can be a good idea to appoint at least one professional as an attorney. This can give you confidence that your affairs will be managed by someone with the right specialist knowledge and skills to make informed decisions that are in your best interests. It also helps to ensure there will always be someone to carry out the role e.g. if a friend or relative you appoint is unable to due to ill health or other circumstances.
How can you manage the affairs of someone without a Power of Attorney?
If a loved one has lost the mental capacity to make their own decisions and they do not have a Lasting Power of Attorney or Enduring Power of Attorney in place, you will normally need to apply to the Court of Protection for permission to become their legal deputy.
Becoming a Court of Protection deputy can allow you to secure the legal authority to make decisions about their finances, property, health and wellbeing in a similar way to a Power of Attorney.
Our specialist Court of Protection solicitors can advise you on the process of becoming a Court of Protection deputy and guide you through every stay of making an application and carrying out this challenging role.
For further information about our private client services, get in touch with our team in Alconbury, Birmingham, Nottingham, Peterborough or Spalding.
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