Powers Of Attorney Solicitors | London, Thame & Gerrards Cross (2024)

Powers of attorney (POA)

The importance of having a power of attorney in place, at any stage of your life, cannot be stressed enough. While we all hope that we will never have to use it, it is a comforting “insurance” policy to have in place so that you know who will deal with your affairs if you are no longer able to do so yourself.

What is a power of attorney?

A power of attorney is a legal document which allows someone (the attorney)to act on behalf of another (the donor) and make decisions for them regarding their finances, property, health and/or care if they are no longer able to make those decisions themselves. It gives the attorney or attorneys the legal authority to deal with local councils and/or banks.

What does a power of attorney solicitor do?

Our power of attorney solicitors offer legal advice on all aspects of wills, trusts, probate and power of attorney law. We can guide you through the legal process and advise on: :

  • Setting up a general/ordinary or lasting Power of attorney.
  • Advising on the best options for your situation regarding finances, property, health and welfare.
  • Applying to the Court of Protection for Deputyship when someone lacks the mental capacity to execute a power of attorney.
  • Revoking a power of attorney or discharging a deputyship.
  • Acting as your attorney

General power of attorney

A general power of attorney (sometimes known as ‘Ordinary Power of Attorney) can be drawn up to help you manage a relative’s affairs for a short period of time – perhaps whilst they are abroad or in hospital. A general power of attorney can only be used if the person making the power (the donor) has mental capacity.

General powers of attorney are often used by people who find it difficult to manage their own finances as they have reduced mobility and cannot get to the bank or post office. Assigning an attorney while you still have mental capacity allows you to receive the help you need whilst supervising the attorney’s actions. You can limit the amount of power given to the attorney so that they only deal with your bank account and not your property, for example.

Lasting Power of Attorney (LPA)

Since October 2007, the only way to ensure that your family can deal with your assets should you lose mental capacity is through executing a Lasting Power of Attorney (LPA). A person is considered to not have the mental capacity to make their own decisions if they are unable to understand or retain information given to them and communicate their wishes.

There are two different types of LPA; one which deals with property and financial affairs and one which deals with personal welfare.

Property and financial affairs LPA: This type of LPA allows your attorney to make decisions regarding your finances and property, such as paying bills, collecting a pension or selling your home.

Health and welfare LPA: This type of LPA allows your attorney to make decisions about your health and wellbeing, such as choosing the type of medical care you receive, life-sustaining treatment or moving you into a care home.

The person making the LPA (the donor) can choose whether they wish to make either or both types of LPA.

It is vital that anybody looking to create an LPA, in either form, seek expert legal advice before doing so. While many people might consider the task of creating an LPA too time consuming and expensive, it would be wise to think seriously about the security the power might provide you with. Our private client solicitors can assist with the application to ensure it is executed efficiently and correctly.

If you or a loved one loses capacity and a power of attorney is not in place, an application to the Court will need to be made for someone to be appointed as a deputy.

Can a solicitor act as a power of attorney?

Yes, a solicitor can be appointed as your attorney. The only requirements for your attorney are that they are 18 years old or over and have the mental capacity to make decisions for you. In some cases, bankrupt individuals cannot act as an attorney. You can also choose more than one attorney. Usually, people choose a family member or friend who they trust to act as their attorney, but if that is not possible, then a power of attorney solicitor can step in to fill the role.

Get in touch

For further information or advice please contact our powers of attorney lawyers on 01753 889995 or email enquiries@bpcollins.co.uk.

Powers Of Attorney Solicitors | London, Thame & Gerrards Cross (2024)

FAQs

What is the most powerful power of attorney? ›

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more—or add powers, Berkley says.

Who can override a power of attorney in the UK? ›

The Office of Public Guardian can investigate the actions of an Attorney and can direct an official of the Court to visit an attorney to investigate the concerns. The Office of Public Guardian can then choose to remove the attorney from the LPA if they have sufficient evidence to do so.

What is a lasting power of attorney in London? ›

Lasting Power of Attorney gives you control over what happens to you and your affairs during your lifetime. Without one, there is no guarantee that your wishes will be followed should you lose the ability to make decisions for yourself. The Court of Protection will appoint someone called a Deputy on your behalf.

Does a durable power of attorney end at death in Washington state? ›

Any power of attorney automatically ends at the principal's death. Your durable POA also ends if: You revoke it. As long as you're mentally competent, you can revoke your document at any time.

Does power of attorney have more power than executor? ›

A power of attorney uses their own judgment when managing the principal's legal, financial, or healthcare decisions. An individual named as executor manages the estate of a person who has died. The executor must act according to the principal's will when managing and distributing assets of the decedent's estate.

Who is the best person to be power of attorney? ›

Who Should You Pick as Your Agent? Most people select their spouse, a relative, or a close friend to be their agent. But you can name anyone you want. Remember that selecting an agent is not about choosing the person closest to you but rather someone who can represent your best interests.

Can you remove someone from power of attorney UK? ›

You can ask the Office of the Public Guardian ( OPG ) to remove an attorney if your lasting power of attorney ( LPA ) is registered and you still have mental capacity to make decisions.

How do you prove power of attorney abuse in the UK? ›

any evidence you have to support the concern – for example, financial records. what you know about the donor or client's mental capacity, including copies of any mental capacity reports or names of who might have these.

What is the British version of power of attorney? ›

You can make a lasting power of attorney ( LPA ) online or using paper forms. Either way, you need to get other people to sign the forms, including the attorneys and witnesses. You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor.

How much does a solicitor charge for power of attorney in the UK? ›

The fees associated with obtaining a Power of Attorney through a solicitor can vary. Generally, the starting price for such legal services is around £355, excluding VAT. However, this cost may rise to as much as £1,200, depending on the intricacies of your individual requirements.

Can a power of attorney transfer money to themselves in the UK? ›

Yes, a property and financial power of attorney agent can gift money to themselves. However, any monetary gifts must be made with the best interests of the donor in mind, and the amount should not impact the donor's finances and ability to afford their ongoing care needs.

Can power of attorney sell property before death in the UK? ›

If the Power of Attorney (POA) document specifically allows it, the attorney can legally sell the principal's property before they pass away. Nonetheless, the attorney is required to act in the best interests of the principal and adhere to any directives or restrictions specified in the POA.

What if you disagree with your power of attorney? ›

Giving someone a Power of Attorney does not prevent you from making decisions or conducting business for yourself. If you and the agent disagree, your decision governs. (This assumes the decisions are announced at the same time.

What is another name for a medical power of attorney? ›

A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy.

What is the difference between durable power of attorney and power of attorney in Washington state? ›

The power of attorney is a legal document that allows one person (the agent) to make decisions on behalf another, usually because they are unable or unwilling. A durable POA means your representative will act in the event you become incapacitated.

Which is the best power of attorney to have? ›

It's generally recommended that you set up both a health and welfare LPA and a property and financial affairs LPA at the same time. Many people do this while reviewing or revising their will, and you may be able to use the same solicitor.

Is power of attorney more powerful than spouse? ›

Who has the final word in your legal matters? In general, a power of attorney supersedes the wishes of a spouse, says Scott E. Rahn, founder and co-managing partner of Los Angeles law firm RMO.

What is the most powerful lawyer position? ›

An Attorney General is the chief lawyer and law enforcement officer to the government. The United States Attorney General is a Cabinet member and the head of the Department of Justice. Each state also has its own Attorney General. Attorneys General are either elected or appointed to their position.

What does power of attorney give you authority over? ›

A power of attorney gives one or more persons the power to act on your behalf as your agent. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. The power may give temporary or permanent authority to act on your behalf.

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