Power of Attorney Solicitors

Property & Finance LPA

A Property & Finance LPA enables your attorney to deal with all your financial affairs, including buying and selling property, managing your investments and bank accounts, and paying taxes and debts.

You can choose to grant your attorney legal authority to manage only specific financial matters if you prefer to do so, but this type of LPA must be registered with the Office of the Public Guardian before your attorney can make any decisions.

With your permission, your attorney can begin making financial decisions on your behalf from the moment the LPA is registered – they do not have to wait until you lose mental capacity.

Health & Welfare LPA

A Health & Welfare LPA enables your attorney to make decisions about your day-to-day life, including care and medical needs. They can decide what you wear and eat, where you live, what healthcare you receive, what contact you have with other people and more.

This type of LPA must also be registered with the Office of the Public Guardian and only comes into effect if you lose mental capacity.

Determining mental capacity

Mental capacity is the ability to make day-to-day decisions and to communicate them to others. The Mental Capacity Act (MCA) 2005 states that a person must be assumed to have capacity unless it is established that they lack capacity.

Under the Act, a person is considered to lack mental capacity if they are unable to understand information relevant to making a decision; they cannot retain that information; they cannot use the information to inform their decision; or they cannot communicate their decision. A formal assessment of your mental capacity by a suitably qualified professional may be required in some circumstances.

Disputes can arise over whether somebody has lost mental capacity. Sometimes, family members can also disagree about the decisions an attorney makes on their loved one’s behalf. If you are involved in a dispute of any kind, please get in touch with our solicitors today for advice.

How much does it cost to make a power of attorney?

The cost of making a power of attorney depends on the type of power of attorney you need and your individual requirements. We offer a free initial assessment so we can evaluate your needs, and you can ask us any questions without worrying about money.

A Lasting Power of Attorney (LPA) needs to be registered with the Office of the Public Guardian, and the registration fee is £92 for each LPA. So, if you would like a Property & Finance and a Health & Welfare LPA, the total registration cost is £184.

Note: If you are on a low income or receive certain benefits, you may be exempt from the registration charges or be entitled to a reduction of 50%.

How can our power of attorney solicitors help you?

Our solicitors will advise you about the various types of powers of attorney and support you through every step. Whether you need an LPA or an OPA, we will make sure your needs are covered.

Or, if you are acting as an attorney, we can help you understand your responsibilities and guide you through the process. We can also help if you are involved in a dispute over the power of attorney and the decisions made on behalf of a loved one.

Sometimes a person is unable to make decisions, but they have not drawn up a power of attorney. In this case, family members will need to apply to the Court of Protection for deputyship instead. We advise getting in touch with us for advice about this before submitting an application.