When you need help with Powers of Attorney, our expert Powers of Attorney solicitors at Ashtons Legal can provide the outstanding legal assistance you deserve.
Powers of Attorney are legal documents that enable you to appoint trusted people to act on your behalf. In this situation you are legally referred to as the donor, and the individual you appoint, the attorney.
Once appointed, your attorney will be able to make certain decisions about your finances and or health, at a time where you are unable to do this yourself. If you prefer, it is possible to appoint more than one person to act as your Power of Attorney.
Powers of Attorney are very important documents and need to be prepared with care and thought. It is essential that the right individual is appointed, and that they are only granted powers that you are comfortable with, and that suit your needs.
We regularly deal with both the preparation and operation of Powers of Attorney. Whichever type of Power of Attorney you need, our expert team can guide you through the process.
We can support clients with various types of Power of Attorney, to include:
- General Powers of Attorney
- Enduring Powers of Attorney
- Lasting Powers of Attorney (including both Property & Financial Affairs and Health & Welfare)
Contact our Power of Attorney solicitors
If you need support with any type of Power of Attorney, whether as the donor, or the attorney, please contact our Power of Attorney solicitors today.
You can get in touch at your local office in Bury St Edmunds, Cambridge, Ipswich, Leeds or Norwich. Alternatively, you can fill in our simple online enquiry form, and one of our experts will give you a call.
Our Power of Attorney Legal Service
General Powers of Attorney
A general Power of Attorney is intended for short-term needs, such as if you are going abroad or staying in hospital, and you need someone to sign an important contract on your behalf.
A general Power of Attorney is used to temporarily grant a trusted person with a specific power. This Power of Attorney ceases to have effect if the donor loses mentalcapacity to handle their own affairs.
Our experts at Ashtons Legal can support clients with the entire process of arranging a Power of Attorney, including:
- Choosing the right individual, or individuals, to act as your attorney
- Completing the necessary application forms application process
- Deciding which powers your attorney will have, including any specific limitations or instructions
- Signing the forms in the presence of a witness
Equally, if you are acting as Power of Attorney for family member or friend, we can provide you legal advice, and support with your duties.
Lasting Powers of Attorney
A Lasting Power of Attorney allows you, the donor, to appoint a trusted person, the attorney, to handle your financial and or health matters when you can no longer do so yourself.
A Lasting Power of Attorney (LPA) is different to a general Power of Attorney because an LPA is intended as a longer-term arrangement, and usually only comes into effect when the donor no longer possesses mental capacity.
A Lasting Power of Attorney tends to have more wide-reaching powers compared to a general power of attorney, though the specific powers vary from case to case, according to the donor’s needs.
A donor must grant a Lasting Power of Attorney when they still possess mental capacity. It is not possible to grant these legal powers on having already lost mental capacity.
There are two different types of powers of attorney, the Property and Financial Affairs LPA, and the Health and Welfare LPA.
The Property and Financial Affairs LPA is used to make decisions related to the individual’s finances. Powers that they might have include managing bills and bank accounts, handling investments, and purchasing or selling property. The Health & Welfare LPA is used to make decisions related to the donor’s health, this may include medical treatment, daily care, and living arrangements.
Where a person needs support with financial and health matters, it is possible to create both types of Lasting Powers of Attorney, and if appropriate, one individual may act in both roles.
At Ashtons Legal, our experts can assist you with the entire process of creating either or both types of Lasting Power of Attorney, including:
- Choosing the right person or people to become your attorney
- Filling out the LPA application forms and processing your application
- Choosing which specific powers your attorney will have, along with instructions or limitations that reflect your preferences and needs
- Signing the forms, ensuring that this process is witnessed, and that the forms are certified if needed
- Registering the Power of Attorney with the Office of the Public Guardian
If you have been appointed as an Attorney, and you require legal guidance and help with your duties, our expert team can provide this support.
Enduring Power of Attorney
Since a legislation change in October 2007, it is not possible to create a new Enduring Power of Attorney, nor possible to amend an existing one. Despite this, if you have an Enduring Power of Attorney in place, and this was created before October 2007, this will still be effective and valid.
Enduring Powers of Attorney permit your attorney to help you handle your financial affairs, while you still possess mental capacity. These were later replaced with the Property and Financial Affairs Lasting Power of Attorney.
The newer LPA is viewed as preferable to the older Enduring Power of Attorney. This is because an LPA is registered when it is created whereas an Enduring Power of Attorney must be registered at the time when the donor loses mental capacity.
If you would like advice on Enduring Powers of Attorney, or you would like us to help you to register or cancel your Enduring Power of Attorney, please get in touch today. We can help those cancelling an Enduring Power of Attorney to create a Property and Financial Affairs LPA in its place.
The Court of Protection
Where a person has lost the capacity to manage their own affairs, and they do not have an LPA in place, it is usually necessary for a family member to apply to the Court of Protection, in order to appoint a Deputy.
To discuss this further, please contact our Court of Protection solicitors today.
Why use Ashtons Legal as your Power of Attorney Solicitors?
At Ashtons Legal, we provide a friendly, personal service that puts you first. Our team are always clear about the costs involved, offering pricing options to suit you.
We have plenty of experience supporting clients with all different types of Powers of Attorney, providing support to both donors and attorneys . Our team comprises members of the Society of Trust & Estate Practitioners, the Association of Lifetime Lawyers and the Chartered Institute of Taxation.
Our team are focused on helping you achieve your objectives and will always provide bespoke support. We appreciate that these matters can be both complex and sensitive, and we always ensure that you have all the information that you need, to make the best decisions for you.
To learn more about us and how we could help, whether you are a donor or an attorney, please don’t hesitate to get in touch today.