Powers of Attorney
Lasting Powers of Attorney are a way of choosing someone to make decisions for you when you are unable to make decisions yourself. For example if you have an accident or develop an illness such as dementia.
If you do not have a Lasting Power of Attorney in place, an application will need to be made to the Court of Protection to put in place a deputyship order. This means a judge will decide who should make decisions on your behalf. This can be an expensive and time consuming process, and can be avoided by putting in place a Lasting Power of Attorney.
How we can help
We offer a pragmatic, plain speaking approach and all of our Lasting Powers of Attorney come with a plain English summary. We pride ourselves on offering a personalised service and you will be allocated your own solicitor who will guide you through the process from start to finish.
Our solicitors have extensive experience in helping individuals and families put Lasting Powers of Attorney in place. We advise on all matters relating to Lasting Powers of Attorney including creating Lasting Powers of Attorney (LPA), registering LPAs and advising attorneys of existing Lasting Powers of Attorney about their role and powers available to them.
Instructions
We can advise on suitable instructions and preferences to include in Lasting Powers of Attorneys in order to ensure that your wishes are met and your attorneys are able to carry out your wishes effectively. This is particularly important when dealing with complicated financial matters such as businesses or health matters such as life sustaining treatment and care.
Complicated circumstances
As specialist solicitors, we are often asked to advise people where mental capacity can be an issue, such as people living with dementia or adults with learning disabilities. Even though a person has been diagnosed with an illness that can affect capacity such as Alzheimer’s Disease, they may still be able to create a power of attorney. We are able to determine if a person has sufficient metal capacity to make a Lasting Power of Attorney.
Meet our solicitors
We can meet you at your home, our office in Cheshire, your office or any other location to suit you.
Our Services
Creating Lasting Powers of Attorney
We can assisting with creating both types of Lasting Powers of Attorney for Property and Finances as well as Health and Welfare. We can also assist with registering LPAs as part of the creation process.
Registering Enduring and Lasting Powers of Attorney
We assist donors (the person that created an LPA) and attorneys with registering Lasting Powers of Attorney. We also assist with registering Enduring Powers of Attorney although EPAs can no longer be created or changed.
Lasting Powers of Attorney for vulnerable people
We offer an empathetic and sensitive service for vulnerable people including elderly people, adults with learning disabilities and autism, and people that have been diagnosed with illnesses such as dementia.
Advising Attorneys
The role of attorney can involve making difficult decisions and we are able to advise attorneys on their powers and duties. In some cases, an application may need to be made to the Court of Protection and we have further information in our Court of Protection services page.
Business Lasting Powers of Attorney
Business owners may prefer to have separate attorneys managing their personal finances and their business affairs. Separate Powers of Attorneys can be created to cover personal and business matters, and it is critical the correct instructions are included to avoid any conflict. Working with our specialist business lawyer Max Tebbitts, we can advise on the suitability for your business. Please see our owner managed businesses page for further information.
Recommended guides
Contact us
Make an appointment
For urgent Lasting Powers of Attorney contact Paul ClarkTEP
Further information
Our process
Step 1: Initial meeting
During our initial meeting we will discuss your aims and wishes. We will review your personal circumstances and financial position. We will discuss the types of Lasting Powers of Attorney available and the decisions that need to be made.
Our initial meeting can be at your home, one of our offices, online video or by telephone.
Step 2: Confirming your instructions
You will be provided with a summary of your instructions (in plain English) and our engagement documents which confirm the cost and estimated timeframe for completion.
We can provide the documents to you by post or via our online portal, whichever you prefer. We use a secure online portal to ensure your personal information is kept safe.
Step 3: Drafting the Lasting Powers of Attorney
Once you have confirmed your instructions, we will provide you with a draft Lasting Powers of Attorney along with a plain English summary for you to review. We can meet with you to review the documents or provide them to you by post or via our online portal, whichever you prefer.
Step 4: Signing the Lasting Powers of Attorney
Once you have approved the draft Lasting Powers of Attorney, we will prepare final versions and will meet with you to sign the Lasting Powers of Attorney. A certificate provider is required to confirm that you have sufficient mental capacity to sign your Lasting Powers of Attorney. In most cases we will act as your Certificate Provider.
Once you have signed your Lasting Power of Attorney, it will need to be signed by your Attorneys.
Step 5: Registering your Lasting Powers of Attorney
Once your Lasting Powers of Attorney have been signed, they must be registered by the Office of the Public Guardian before they can be used. The registration process is optional while you have mental capacity but becomes compulsory if you lose mental capacity.
If you decide to register your Lasting Powers of Attorney now, we will submit your documents to the Office of the Public Guardian.
Step 6: Finalisation
Once your Lasting Powers of Attorney have been signed by you and your attorneys (if you are not registering your LPAs immediately) or once they have been registered by the Office of the Public Guardian (if you are registering your LPAs immediately), we will discuss where you can keep your original Lasting Powers of Attorney. There any several options including keeping the LPAs at our office. If you decide to keep your Lasting Powers of Attorney at our office, we will provide you with copies of your LPAs.
We can also provide you and your attorneys with up to one certified copies of your registered Lasting Powers of Attorney.
How much does it cost
Individuals
Creating Lasting Powers of Attorney from £595 plus £119 VAT (total of £714)
Couples
Creating Lasting Powers of Attorney from £795 plus £159 VAT (total of £954)
Business Lasting Powers of Attorney
Creating Lasting Powers of Attorney from £695 plus £139 VAT (total of £834)
Please note that company articles or partnership agreements will need to be reviewed as part of the process and may need to be amended when creating Business Lasting Powers of Attorney.
For further information please see our price list
How long will it take?
In most cases, it normally takes between four and six weeks to complete your Lasting Powers of Attorney. However, in urgent cases we can complete the process the same day if required.
If you decide to register your Lasting Powers of Attorney, the Office of the Public Guardian takes approximately 20 weeks to complete the registration process. Therefore, it can take up to six months to complete the entire process if you are also registering your Lasting Powers of Attorney.
What our clients say
‘You made it so easy for me’
‘Nothing was too much trouble’
‘Paul made us feel at ease all the way through’
‘The home visit was very useful due to our age’
‘It has been a pleasure’