Private Client Services

Powers of Attorney

If an accident or illness strikes, rendering you physically or mentally incompetent, your loved ones are not automatically allowed to deal with your finances or your care. Instead, they would have to apply to the Court of Protection for a costly special order. But this situation can be avoided with a Lasting Power of Attorney.

A Lasting Power of Attorney is a simple document that enables a person or persons, of your choosing, (known as your attorneys) to make decisions on your behalf. The document becomes effective only from the point where you are no longer able to make decisions for yourself due to incapacity, or, should you need assistance in dealing with your affairs.

There are two forms of Power of Attorney; one for your financial affairs and the other for your health and welfare. Both documents can be tailored to your specific requirements. In both you are able to specify restrictions or give guidance to those who will look after your affairs, as well as name replacement attorneys in the event that your first choice is no longer available for the role.

Click Lasting Powers of Attorney to view our useful information sheet, or click here to download.

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Our Approach

Your lawyer will be happy to guide you through the setting up of these invaluable documents, and will be able to tailor their advice for both you and the person/s you appoint as your attorney/s over your health and financial affairs. From the outset, you will be provided with a clear quotation based on your particular needs. We will never charge more than the pre-agreed price, and the same is true for all of our services.

Expertise

  • Lasting Powers of Attorney
  • General Powers of Attorney

FAQs

Who can I appoint and how many Attorneys can I have?

You can appoint up to four attorneys, and replacement attorneys. They can be whoever you choose and they do not need to be members of your family (although, advice should be sought if members of the family are being excluded). They should be people you trust and who you know would keep your best interests as a priority.

 

How long does it take to make a Power of Attorney?

A Lasting Power of Attorney has to go through a registration process with The Office of The Public Guardian.  This takes 6-8 weeks. The attorneys cannot act for you until the document has been registered.

A section 10 Power of Attorney, which lasts for a year and only if the person giving the power has capacity, takes effect immediately.

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Useful Information

Working In Partnership

  • Government guidance

    The official government website containing guidance on what to do when someone dies and a link to the DWP’s “Tell us once” service which offers a means of notifying government department and local councils that someone has died. See also the guidance in the form of a leaflet by going to www.gov.uk/government/publications/what-to-do-after-a-death-in-england-or-wales-leaflet.

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  • The Law Society

    The Website of the Law Society of England and Wales, under For the public: Common legal issues: Probate.

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