Simper Law

Lasting Powers of Attorney
Read More

Lasting Powers of Attorney Solicitors

If you are concerned about either yourself or a loved one losing the ability to manage financial or welfare decisions, you may want to consider making a Lasting Power of Attorney (LPA).

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

What are Lasting Powers of Attorney?

Lasting Powers of Attorney are documents in which you give the authority to someone you know and trust to make decisions for you when you are unable to make decisions for yourself. There are two types of Lasting Power of Attorney, one that relates to your finances and property and one which relates to your health and care decisions.

What are the different types of Lasting Power of Attorney?

There are two types of Lasting Power of Attorney (LPA):

Property and Financial Affairs LPA – this allows you to nominate one or more people to make decisions regarding property and finances on your behalf. You can stipulate whether this comes into force immediately, or when you become unable to make decisions yourself. You are also able to specify what powers your nominated Attorneys have.

Your nominated Attorneys can make small gifts of money or property if you or the Court give them authority, but this is limited. If they are making investment decisions, they should seek specialist advice.

Health and Welfare LPA – this allows you to nominate one or more people to make decisions on your welfare, for example medical treatment. This LPA can only be used if you are unable to make decisions for yourself. For example, if you were in a coma, your representative can make decisions for you, but if you recover, then you regain your own decision making.

You can nominate one or more Attorneys and decide whether they can act alone or must act together on decisions. If you choose for Attorneys to act together, the Lasting Power of Attorney will fail if one of the Attorneys dies or loses the capacity to manage your affairs themselves. To prevent this, you should consider nominating a replacement Attorney.

How many Attorneys can you have?

You can appoint up to four Attorneys in respect of each Lasting Power of Attorney, and you can choose whether you wish them to be able to make decisions separately or whether they have to agree unanimously. It is unusual to have as many as four Attorneys, one or two is the norm.

Who can be your Attorney?

Your Attorneys must be over the age of 18, not be an undischarged or interim bankrupt and must have mental capacity themselves. They do not need to have any legal training, and they should be people that you trust.

Setting up a Power of Attorney, do you need a lawyer?

Lasting Powers of Attorney have to be registered with the Office of the Public Guardian before they are valid, and we advise that these are registered as soon as they are prepared in order that they are ready for use in the event that the worst happens, and they are needed quickly.

You can fill out the LPA forms yourself, or with the help of a solicitor. Taking the advice of a specialist Power of Attorney lawyer at an early stage avoids any complications at a later date, especially if your affairs are complex.

What happens if I do not have a Lasting Power of Attorney?

If you are married or in a civil partnership, you may assume that your spouse would be able to take control of your finances and make decisions regarding your healthcare if you lose the capacity to do so, but unfortunately, this is not the case.

If you are unable to make your own decisions and do not have a valid Lasting Power of Attorney in place, someone will need to apply to the Court of Protection, who will:

  • Decide whether you have the mental capacity to make decisions
  • Make an order relating to Health and Welfare or Property and Finance decisions for someone without the mental capacity
  • Appoint a Deputy to manage the affairs of someone who lacks mental capacity

Choosing Simper Law to Act as Your Attorney

We are prepared to act as your Attorney if you have nobody else that you can trust to do so.

If we are not appointed as Attorney, we can also act as certificate provider as part of the document process.

Please call us now on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.

Testimonials

"You couldn’t improve the service, it was faultless. I found dealing with Simper Law an absolute pleasure from the first phone call to completion of my Will. Everyone I spoke  to was helpful and friendly and Kim made the whole process easy and stress free. Many thanks and I won’t hesitate to recommend you."

Client: Mrs Loveday

"Very informative and clear. The Solicitor fully understood out requirements. Everything was completed to our satisafction in a suitable timeframe. The service and the delivery of the service was exemplary. First class from all concerned. It was apparent from the first meeting that we had chosen well in approaching Simper Law. First class knowledge and customer care at all times. Very attentative, helpful and efficient."

Client: Mr and Mrs Hall

“Nothing could be improved with the service. Extremely satisfied.”

Client: Mrs B Laidler

“Our Wills were dealt with very quickly. Thank you, Sally.”

Client: Mr & Mrs F.

“We saw Sally Riches for assistance in drawing up new Wills and Lasting Powers of Attorney. Our objectives were completely understood and Sally went the extra mile in providing a good service for us. Sally is friendly, knowledgeable and efficient. Thank you for all your help.”

Client: Mr & Mrs J.

“I was delighted by the prompt response and the friendly helpful service we received. Thank you.”

Client: Mr & Mrs Hannant

"Victoria is the perfect Solicitor and will fight your corner every step of the way. Victoria has a way of making you feel at ease and you are made to feel like you are the most important person in the world, I highly recommend Simper Law."

Client: Tracey Bellward

"Victoria was able to take the emotion out of my case and look at it objectively, with a view to minimising my costs. I’ve worked with a few Solicitors in the past who take the opposite approach. I’m more than happy to recommend and pass on to friends and family."

Client: John Graham

"I would like to pass on my thanks to the team at Simper Law for the handling of an outstanding debt to my business.
Victoria was able to achieve more in a week than I was able to in a year! I cannot fault the level of customer service or professionalism throughout the process and what sometimes can be a very stressful procedure was anything but. If I have another issue like this arises in the future then Simper Law will be my first point of call and I would recommend them to family, friends and colleagues without hesitation."

Client: Niall Secker

"I'm so very grateful to Kim and her team for helping me to make a will that covered my wishes. Kim is a naturally caring person and made me feel at ease from the start. All questions were answered factually, but with compassion. Now I feel I can rest at ease in the knowledge that all is in order on this front. I was very worried at the idea of this experience, but I had no need to be -at all."

Client: Anthony Joseph

"I would like to thank Kim for her patience and advice in putting together a somewhat complicated Will and have no hesitation whatever in recommending Simper Law to anyone needed a friendly professional service."

Client: Doreen Avellino

"Best Solicitors I’ve dealt with, friendly, very easy to deal with and never trying to get you to do something you didn’t want. Exceptional."

Client: Paul Horrex

"Outstanding service from all at Simper Law- A total pleasure to deal with from first contact to completion. Not only professional in all respects, but just the right touch to leave you confident and completely at ease. Kim and her lovely team offer an impressive service second to none."

Client: Carol Rose

"I highly recommend Sally Riches at Simper Law. Her dealings with me throughout the Will writing process were professional, timely, efficient, helpful, clear and pleasant.
It was a task I was dreading and Sally made it easier and more effortless than I imagined it could be. Thank you."

Client: Sandra Boatman

"Thanks again Danielle- you’ve done a fantastic job on this - great communication and professional efficiency throughout the process for which we are very grateful."

Client: Sally Burrell

Get in Touch

agree

4 + 7 =