Powers of Attorney

Powers of Attorney are formal documents that appoint one or more people (attorneys) to act on behalf of another (the donor). We can advise on the right type of Power of Attorney, draw it up for you, and deal with any necessary registration formalities.

Ordinary Power of Attorney

If you are travelling abroad for an extended period, or for some other reason you are not going to be available to deal with your own financial affairs, you can appoint one or more attorneys to deal with these for you and specify what they may do and for how long. This type of power of attorney is only valid as long as you are mentally capable.

Enduring Power of Attorney (EPA)

It is not now possible to make new EPAs, but if you made one before 1st October 2007 it will still be valid. However, if the donor loses mental capacity at any time then the EPA must be registered with the Office of the Public Guardian (OPG). We can assist with the registration process.

Lasting Power of Attorney (LPA)

LPAs have now replaced EPAs. There are two types. A Property and Affairs LPA allows you to appoint one or more attorneys to act on your behalf in respect of your financial affairs. A Health and Welfare LPA enables you to appoint someone to make decisions about future medical treatment and your living arrangements if you are unable to do so; it also allows you to give indications as to what medical treatment you might want in particular circumstances. An LPA can only be made by someone with the necessary mental capacity, but unlike an ordinary power of attorney it remains valid even if the donor 's mental capacity fails. An LPA is not effective until it has been registered at the OPG.

An LPA must contain a certificate confirming that the donor is capable of making it. As solicitors we are able to act as a Certificate Provider. To be fully effective it should be registered with the OPG who charge £130.

Due to the necessary legal safeguards to ensure that someone making an LPA is fully aware of the consequences, it is unfortunately a relatively expensive process. However, this is a one off cost that gives you and your family peace of mind, knowing that in the event of illness or accident preventing you from being able to manage your own affairs, your attorney can take care of everything for you. Without a properly appointed attorney all your bank accounts, savings etc are likely to be frozen and inaccessible.

We offer a fixed fee service starting from £610 per LPA (inclusive of court fees and VAT).

Deputyship and the Court of Protection

If an individual is no longer capable of making decisions about his or her financial affairs and has not made either an EPA or an LPA , the person who wishes to deal with their financial affairs for them can make an application to the Court of Protection to be appointed as a Deputy. This is a more complex procedure than making and registering an LPA, but will often be the only option for those dealing with someone else's financial affairs. Again, we can deal with all the relevant paperwork and registration formalities.

The Court of Protection is responsible for deciding most issues relating to vulnerable people. Its forms and procedures are complex and it is often very slow in dealing with applications. It is important to have specialist help when dealing with the court if at all possible.

For further information on how we may be able to assist you please contact:
Nick Hutchinson on 01242 258223 or
Vanessa Hammond on 01242 258227 or