Powers of Attorney Solicitors

When you’re incapable of making decisions about your financial affairs and welfare arrangements due to a condition like dementia or a sudden life-changing accident, your family won’t automatically assume the ability to make those decisions on your behalf.

Such decisions may only be taken by a person’s attorney appointed under an Enduring or Lasting Power of Attorney (LPA), or if no such Power of Attorney exists, a Deputy appointed by the Court of Protection. None of us can foresee when a life-changing illness or event may occur, so it’s advisable to have a Lasting Power of Attorney in place to ensure a person or people of your choice is appointed to make decisions on your behalf and prevent delay in their ability to make those decisions at the relevant time.

Our Lasting Power of Attorney solicitors have many years of experience in this area and will gladly assist you. Contact us today to learn more about our services or arrange an appointment to discuss your requirements.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney is a document that grants another person or group of people the legal authority to make crucial decisions on your behalf. Typically, you will need an LPA in situations where you are unable to manage your affairs, such as if you lose mental or physical capacity through an accident or illness.

It is an essential process that ensures someone else can manage your affairs. You can only make a Lasting Power of Attorney before you lose capacity; otherwise, your loved ones must apply for a Deputyship Order via the Court of Protection.

There are two types of Lasting Power of Attorney:

• Property and Financial Affairs: Provides attorneys with the ability to access your bank accounts and investments, pay bills, collect benefits and pensions, and buy or sell properties on your behalf.
• Health and Welfare: Provides attorneys with the ability to make decisions about your medical care, moving you into a care home, daily routines, and life-sustaining treatment.

Reasons to Consider an LPA

It’s vital to consider registering a Lasting Power of Attorney (LPA) for several reasons. Ultimately, it will ensure you protect your wishes and interests in the event of illness, injury or diminished capacity. An unexpected situation could make you unable to handle financial, property, health and other significant decisions. Should something affect your capacity, the ideal situation would be for someone of your choice to look after your affairs based on your preferences.

Having an LPA means plans will be in place to make life easier for you and your family. A trusted individual will control your affairs to prevent disputes, ensure peace of mind, and carry out your wishes.

If you don’t have an LPA and lose capacity, you must apply to the Court of Protection, which can take longer and be more expensive. This process can be more challenging and stressful when already dealing with the loss of capacity of a loved one.

Why Choose Us as Your LPA Solicitors

As specialist solicitors based in Liverpool, we have built up years of experience in drafting and registering Lasting Power of Attorneys. From the first conversation with a client, we provide independent expert advice that is easy to understand without unnecessary jargon. We will draft the Lasting Powers of Attorney to suit your needs while safeguarding you from undue influence, pressure, fraud or abuse.

Our friendly solicitors will guide you through the entire process, ensuring it is as hassle-free as possible and answering any questions. We will ensure the LPA is completed, signed and witnessed correctly to avoid delays or prevent the document from being legally invalid. As well as face-to-face appointments in our Liverpool office, we can offer home visits (dependent on location and may incur additional fees) and video calls.

Our Lasting Power of Attorney Process

The process of registering a Lasting Power of Attorney with us typically includes the following steps:

• We will start with an initial appointment to explain what you need to know about Lasting Powers of Attorney, confirm who you would like to be your attorneys, and determine any specific instructions you would like to include.
• After receiving the information we need from you, our solicitors will draft the Lasting Power of Attorney document, which we will send you for approval, along with a letter of advice.
• Once you approve the draft version, we will arrange a follow-up appointment to sign the document. We usually act as your witness and certificate provider, ensuring it is completed, signed and witnessed correctly.
• We will arrange for your attorney(s) to sign the LPA before submitting it for registration with the Office of the Public Guardian (OPG).
• Once the LPA has been registered, we will provide you with copies.

Fees

Our fees for Lasting Power of Attorney are as follows:

• Single person:
  • 1 LPA – £595 +VAT and disbursements
  • 2 LPAs – £695 +VAT and disbursements
• Couples:
  • 1 LPA each – £795 +VAT and disbursements
  • 2 LPAs each – £895 +VAT and disbursements

In addition to the above, the Office of the Public Guardian charges £82.00 per Lasting Power of Attorney document as an application fee when registering. We may charge a higher fee for seeing clients at home depending on where they live and how many visits they require.

Frequently Asked Questions

Who can be an Attorney?

You can choose any person to be your attorney as long as they are over 18 years of age, have mental capacity and are someone you trust. Common examples include relatives, friends, professionals or your partner. The attorney is not required to live in the UK or be a British citizen. If the person will handle decisions relating to your property and financial affairs, they must not be bankrupt or subject to a Debt Relief Order.

Can I control what my attorney does?

When registering your Lasting Power of Attorney, you can provide instructions and preferences, limiting how they act or giving guidance. You create the LPA when you are still capable, and it’s your decision as to who you want to manage your affairs and what to include in the document. You should choose a person or people you trust that will have your best interests at heart.

Is an LPA only if you lose mental capacity?

A Lasting Power of Attorney for Property and Financial Affairs can be used on behalf of someone who has mental capacity as well as when they lose mental capacity. If someone suffers from reduced mobility or other impairments, a Property and Financial Affairs LPA can be helpful later in life to provide support if seeing or speaking to various organisations becomes difficult. We have worked with many clients who have appointed family members to help them speak to the bank or their utility provider on their behalf.

Can I have multiple attorneys?

Yes, you can have multiple attorneys, and this is an option that we would highly recommend. At the very least, you should have a backup attorney if something happens to your appointed attorney. If you have multiple attorneys, you should determine whether they will make decisions jointly (they must agree on the decision together) or jointly and separately (they can make decisions on their own or with the other attorneys). You can also specify rules for specific decisions, such as if you want a nominated person to sell your house.

What is a certificate provider?

A certificate provider is a suitable person who signs the Lasting Power of Attorney document to confirm the person making it understands the significance of what they are doing and another person is not forcing them into making the LPA. The certificate provider will also confirm there has been no fraud in creating the LPA and that there are no other reasons for concern. You can pick the certificate provider, but they cannot be a relative and must be someone you have known for at least two years or a professional like a GP or solicitor.

I have a Will, do I still need an LPA?

Wills and Lasting Power of Attorney are separate issues, so you should arrange to have both. Wills only take effect when you die, so your executor won’t have any legal right to deal with your affairs until you pass away. A Lasting Power of Attorney comes into effect when you are alive but ends when you die.