Later Life Care

Lasting Power of Attorney


Protect the future of someone close to you

HIGHLY ACCLAIMED LASTING POWER OF ATTORNEY SOLICITORS IN ESSEX

Experts in Lasting Power of Attorney


We can work with you and the Court of Protection, ensuring you get the opportunity to make decisions on behalf of your vulnerable loved one.

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Associate
What is power of attorney

What is Power of Attorney?


Power of Attorney is giving someone the ability to act on your behalf to make decisions that impact your life.

This usually relates to financial or medical decisions when the donor (the person giving Power of Attorney) does not have the mental capacity to make these decisions themselves.

When would you need a Power of Attorney?

You must have adequate mental capacity when you decide who you will give Power of Attorney to, which is why it is a good idea to speak to our solicitors about our Power of Attorney services before you need it.

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Do you need a solicitor for Power of Attorney?

While you are not obliged to contact a solicitor about assigning Powers of Attorney, it is a sensible decision to protect your best interests for the future, and avoid any risks associated with this authorisation.

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Who can be your Power of Attorney?

By the letter of the law, you can give a Power of Attorney to anyone if they are 18 or over and they have the mental capacity to make their own decisions.

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What are the types of power of attorney

What are the types of Power of Attorney?


There are various types of Power of Attorney that you can set up. The two types of Lasting Power of Attorney include:

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What is the difference between a Lasting Power of Attorney and Enduring Power of Attorney?

The Lasting Power of Attorney replaced the Enduring Power of Attorney (EPA) in October 2007. Since then, no EPA has been set up in England or Wales, but any EPA set up prior to this time can still control the property and financial affairs of a donor. If you currently have an EPA, you may wish to seek advice as to whether an LPA suits your circumstances better.

How to get power of attorney

How to get Power of Attorney


You can prepare an LPA online yourself. The forms required for this are available from the Office of the Public Guardian's (OPG) website.

However, if you would like to receive professional advice and for our solicitors to prepare the LPA, then you do not have to download any forms.

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How to get Power of Attorney for an elderly parent with dementia

Being diagnosed with dementia is not the equivalent to losing mental capacity. If a medical professional deems that your parent, grandparent or another elderly loved one still has adequate capacity, they can apply for Power of Attorney the standard way highlighted above.

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Where can I get a Power of Attorney form?

You can download the Power of Attorney forms from the Gov.UK website, as well as useful guidance and information about the process.

Can you get a Power of Attorney online?

You can fill out a Power of Attorney online through the Gov.UK website. To do so, you’ll need to create an account to start your LPA, which you can sign in to resume at any time.

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Can you get a Joint Power of Attorney?

It is possible to give Power of Attorney to multiple people at the same time with a Joint Power of Attorney. However, this specifically means that all your chosen attorneys must agree on a decision relating to your finances or wellbeing, and cannot act separately on your behalf.

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Who can witness a Power of Attorney?

There must be at least two witnesses to the signing of a Lasting Power of Attorney who are 18 or over. If you have designated multiple attorneys, they can be a witness for each other’s signature.

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What is a Replacement Attorney?

You might want to assign one or several Replacement Attorneys as part of your document. These will replace your existing attorney if for whatever reason they are unable or not willing to fulfil their responsibilities.

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How long does it take to get Power of Attorney?

After filling out and sending the relevant forms to the Office of Public Guardian, it typically takes between eight and ten weeks to register someone as your attorney.

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How much does Power of Attorney cost?

The cost of Power of Attorney depends on whether you attempt to go it alone or speak to a solicitor. In all cases there is a court fee which currently stands at £82, unless you are entitled to a discount.

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How to activate power of attorney

How to activate Power of Attorney


A Power of Attorney is valid and ready to use once it is registered at the Office of Public Guardian. If it is an LPA for Finances, you can use it at any time that the person giving the power wants you to, and you can make decisions for them if they have lost mental capacity.

With an LPA for Health & Welfare, you cannot make decisions for anyone that still has the capacity to make decisions for themselves. These usual factors will also depend on any specific guidance/instructions included in the Power when it was made.

Power of attorny responsibilities

Power of Attorney responsibilities


Being appointed a Power of Attorney gives you a great deal of responsibility over another’s financial and/or medical well-being, so it is important to know what is expected of you.

Above all else, you must make any decisions with the donor’s best interests in mind, and you can only seek to benefit them.

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Can Powers of Attorney transfer money to themselves?

This is a rather complex subject, and one you should discuss with an expert Power of Attorney solicitor. As mentioned above, any gifts or money transferred must be consistent with the best interests of the donor and correlate to gifts they have previously given in the past.

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What happens to Power of Attorney after death?

Your Lasting Power of Attorney ends automatically when you pass away. From that point on, affairs that need to be managed, such as your will and funeral arrangements, will be handled by the designated executors or your personal representatives.

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How do i make changes to a power of attorney

How do I make changes to a Power of Attorney?


If you don’t want to end your Lasting Power of Attorney, but make changes, it is possible to do this at any time as long as you still have the mental capacity to decide this yourself.

You can request to change most details of your LPA, but the most common reasons are:

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What if I’m having problems with a Power of Attorney?

If you take issue with any of the decisions being made on your behalf by your LPA, or you feel they are taking advantage of this arrangement, you can take action in several ways:

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When does Power of Attorney end?

You can end your Lasting Power of Attorney any time after establishing it, as long as you have the mental capacity to make this decision. You will need to send the Office of the Public Guardian the original LPA document and a written statement explaining why you are ending this Power of Attorney, known as a ‘deed of revocation’.

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Abuse of power of attorney

Abuse of Power of Attorney


It is an unfortunate aspect of Powers of Attorney that, in the wrong hands, they can leave the most vulnerable members of society open to abuse.

Even if the person selected is a close family member, there are numerous cases of attorneys exploiting their position to benefit from their donors, particularly financially.

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What are the consequences for abuse of Powers of Attorney?

Penalties for abusing Power of Attorney in the UK depend on the severity of the abuse. Financial abusers can be charged with numerous criminal offences, including theft and fraud.

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The expertise of our solicitors is regularly recognised by some of the profession’s most distinguished organisations. As well as being a member of a number of Law Society schemes, we have won awards at the Law Society Excellence Awards, the Halsbury Legal Awards and the Modern Law Awards.

We have also received recognition in the form of the Lexcel mark of quality, a Legal 500 listing and a place on the shortlist of The Lawyer’s Boutique Firm of the Year.

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