Personal

Powers of Attorney

Our expert solicitors can advise you on making a Lasting Power of Attorney to decide what would happen if you could not make decisions for yourself and needed support managing your affairs.

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Power of Attorney is an essential tool for anyone who wants to ensure that their affairs are managed effectively if they are unable to do so themselves. At Forbes Solicitors, we have a team of expert Power of Attorney solicitors who can guide you through the process of creating a Power of Attorney. We can help you choose the right type of Power of Attorney for your needs, whether that be a Lasting Power of Attorney, an Enduring Power of Attorney, or a General Power of Attorney. We can also advise you on the best way to appoint an attorney and ensure that your wishes are legally binding.

What are Powers of Attorney?

Powers of attorney are legal documents that allow an individual to appoint another person (known as an attorney) to make decisions on their behalf. There are two main types of powers of attorney in the UK: lasting powers of attorney (LPA) and general powers of attorney. Lasting Powers of Attorney need to be registered with the Office of the Public Guardian and can still be used if you lack mental capacity to make your own decisions.

Lasting Powers of Attorney

By making a Lasting Power of Attorney you decide what would happen if you could not make decisions for yourself or if you became physically frail and needed support managing your affairs.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint another person or persons to make decisions on your behalf. They are called your "attorney(s)".

There are two types of Lasting Power of Attorney:

  • A Financial Decisions Lasting Power of Attorney - this enables your attorneys to make decisions on your behalf in relation to your financial affairs and your property.
  • A Health and Care Lasting Power of Attorney - this enables your attorneys to make decisions about social care issues and medical treatment, including life sustaining treatment. This type of power of attorney can only be used when you no longer have capacity to make those decisions for yourself.

You do not have to appoint the same people on both Lasting Powers of Attorney.

What does making a Lasting Power of Attorney involve?

Step one

Once you have decided which power of attorney is appropriate for your needs you should choose your attorneys. It is important to choose someone you trust. It could be a family member, friend or a professional, such as your solicitor. If you choose more than one attorney they can be appointed to work together jointly on all matters or have the authority to act individually (joint and severally). Our Solicitors that specialise in Lasting Powers of Attorney can advise you on this.

Any Attorney you appoint is under a duty to act in your best interests.

Step Two

You should consider whether you would like to impose any restrictions on what your attorney can do or to include any guidance for your attorneys. Examples of this may be restricting the assets your attorneys can deal with or specifying that your Lasting Power of Attorney can only be used once you have lost capacity, again we can advise you further on this.

Step Three

You can specify people who should be notified before your attorneys can register the Lasting Power of Attorney and use it. This adds a layer of protection.

Step Four

You will need a 'certificate provider' who will sign your Lasting Power of Attorney and state that they are satisfied that they believe you understand the document and that you are not under any under pressure to make a Lasting Power of Attorney. Where appropriate we can act as certificate provider. Alternatively, if your health is in question it may be wise to ask your doctor to give the certificate.

Step Five

A Lasting Power of Attorney cannot be used until it has been registered at the Office of the Public Guardian (OPG). We usually recommend applying to register the document immediately, even if you do not intend your attorneys to use it straight away. Our Solicitors can deal with the registration for you. There is a fee charged by the OPG.

We will store your Lasting Power of Attorney free of charge until such time as you may need it.

You can revoke your Lasting Power of Attorney at any time whilst you still have capacity.

Is there an alternative?

If you lose the ability to make decisions for yourself and have no Lasting Power of Attorney in place then a deputy would need to be appointed by the Court of Protection to make decisions on your behalf and this may not be the person you would have chosen.

This can be an expensive procedure and it would require someone stepping forward on your behalf. The best option is to plan ahead and choose for yourself.

Why choose our power of attorney solicitors?

At Forbes Solicitors our power of attorney solicitors are dedicated to providing exceptional legal services tailored to your specific needs. With years of experience and a deep understanding of the law, we are committed to protecting your interests and ensuring that your wishes are carried out. We pride ourselves on our professionalism, attention to detail, and compassionate approach to every case. Trust us to guide you through the complex legal process of creating a power of attorney, and rest assured that your future is in good hands.

Who do our power of attorney solicitors help?

Our power of attorney solicitors help individuals who want to appoint someone to make decisions on their behalf in case they become unable to do so due to illness, injury, or other circumstances.

How can our power of attorney lawyers help?

Let our power of attorney lawyers help you create a legally binding document that designates someone to act on your behalf in the event that you become incapacitated or unable to make decisions for yourself. We can also assist with reviewing and updating existing power of attorney documents, as well as providing guidance on the responsibilities and limitations of the designated agent. Our lawyers can ensure that your wishes are properly documented and that your interests are protected.

Contact us today to speak with our highly experienced solicitors who possess extensive knowledge in providing expert legal services and support relating to Powers of Attorney for clients nationwide.

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FAQs

Do you need a solicitor to draw up power of attorney?
 
 

Whilst it is not legally necessary to instruct a solicitor to prepare your Lasting Powers of Attorney, it is important that you ensure that you understand fully the implications of the documents you are signing, and also to take advice in relation to any specific preferences or instructions you wish to include. Lasting Powers of Attorney must be registered by the Office of the Public Guardian in order to be used by your attorneys, and if they are not worded or dated correctly, they can be rejected.

If you have business assets or more complex affairs, it is important that you take advice so that you can ensure that the right people are appointed to make decisions on your behalf.

Who can I appoint as my attorney?
 
 

It is important to think carefully about who you appoint as your attorney. Legally, you can appoint anyone over the age of 18 as your attorney, as long as they are of sound mind. You may choose to appoint a family member, friend, or professional such as a solicitor. It is important to choose someone you trust absolutely and who understands your wishes and values.

As Lasting Powers of Attorney for Property & Financial Affairs and for Health and Welfare are separate documents, you can appoint different attorneys for each document if that is most appropriate.

What are the responsibilities of an attorney?
 
 

When making decisions on behalf of an individual, an attorney has to follow the principles set out in the Mental Capacity Act 2005. In summary these are as follows:

  1. The attorney(s) must assume that the donor can make their own decisions, unless it is established that the donor cannot do so.
  2. The attorney(s) must help the donor to make as many of their own decisions as they can. They must take all practical steps to help the donor to make a decision. They should only treat the donor as unable to make a decision if they have not succeeded in helping the donor make a decision through those steps.
  3. The attorney(s) must not treat the donor as unable to make a decision simply because they make an unwise decision.
  4. When the donor is unable to make a decision, the attorney(s) must act and make decisions in the donor's best interests.
  5. Before the attorney(s) make a decision or acts for the donor, they must consider whether they can make the decision or act in a way that is less restrictive of the donor's rights and freedom but still achieves the purpose.
Can I revoke a power of attorney?
 
 

Yes, you can revoke a power of attorney at any time as long as you have the mental capacity to do so. You should think carefully before revoking a power of attorney, and we would recommend that you seek legal advice before doing so.

What happens if there is a dispute over a power of attorney?
 
 

If there is a dispute over a power of attorney this would usually be dealt with by the Office of the Public Guardian and the Court of Protection. It is important to seek legal advice if there is a dispute over a power of attorney.

Who can witness a power of attorney
 
 

A power of attorney can be witnessed by anyone who is over the age of 18, is not a family member or spouse of the person granting the power of attorney, and is not named as an attorney in the document. The witness must also have mental capacity and be able to understand the nature and effect of the document they are witnessing.

Do you have to register a power of attorney with the bank?
 
 

A power of attorney must be presented to the bank before an attorney is able to operate an account on behalf of an individual.

Where can I find out further information?
 
 

Information about Lasting Powers of Attorney can be found on the website for the Office of the Public Guardian: Office of the Public Guardian - GOV.UK (www.gov.uk)

Please do not hesitate to contact us if you would like further information in relation to Lasting Powers of Attorney.

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Lasting Power of Attorney - Play video

Video length: 41s

Hear from Attorney, Andrea Stamp, who's parents came to Forbes to set up their Lasting Powers of Attorney. Andrea talks to Senior Associate, Elizabeth Whitaker about how important having LPAs in place was for her parents.

Our dedicated Wills, Probate, Tax & Trusts team

Jane Burbidge

Jane Burbidge

Partner

Wills, Probate, Tax & Trusts

PinLancashire

Call0333 207 1130

Victoria Motley

Victoria Motley

Partner and Trust and Estate Practitioner, Wills, Probate, Tax and Trusts

Wills, Probate, Tax & Trusts

PinLancashire

Call0333 207 1130

Elizabeth Whitaker

Elizabeth Whitaker

Senior Associate

Wills, Probate, Tax & Trusts

PinLancashire

Call0333 207 1130

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Contacting Us

Monday to Friday: 09:00 to 17:00
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