Powers of Attorney

A Lasting Power of Attorney (LPA) enables you to choose who you wish to manage you affairs if you become mentally incapable through for instance illness or accident. You may assume that a close family member would automatically be able to take decisions for you in such circumstances but this is not the case. The person or people that you choose to act for you would be called your "Attorney".  

Our section entitled ‘Court of Protection’ explains more about the procedures if no Power of Attorney is in place.

There are two types of LPA:

• Property and Affairs - This enables your Attorney to deal with such things as signing cheque’s, investing monies on your behalf and selling your house. This type of LPA can also be used if you are physically unable to sign or simply wish another to deal with your affairs on your behalf.
• Health and Welfare - This covers such things as deciding what medical treatment you should receive or where you should live. This type of LPA can only be used if you have become mentally incapable.

A Lasting Power of Attorney enables you to choose more than one Attorney to act for you and have the choice of whether they act ‘jointly’ ie all having to sign everything, ‘jointly and severally’ ie any of them being able to sign or a mixture eg jointly for the sale of a house but jointly and severally for other matters. You can also restrict the types of things that you wish your Attorney to deal with on your behalf and when they are able to act for you for instance you could state that you would not wish them to deal with a sale of your property. All options will be discussed with you to assist you in making a decision on what is best for you.

We will also explain thoroughly to you the requirements in respect of signing the forms since they have to be signed not only by you, but also by certificate providers (these are for instance doctors or friends that have known you for over 2 years who in essence are confirming that you understand what you are signing) and also by your Attorneys themselves.   The LPA has to be signed in a particular order which again we will explain to you.

We at Chambers Fletcher understand that these can be unsettling times and are happy to come to see you at home or in hospital (if you would prefer) and will help explain matters to family and friends if that would help. We have a sympathetic and experienced team of professionals that can assist with all matters relating to Powers of Attorney including:

• Setting up a Lasting Power of Attorney for Property and Affairs
• Setting up a Lasting Power of Attorney for Health and Welfare
• Registering both Lasting Powers of Attorney and the old form Enduring Powers of Attorney with the Courts including dealing with all notices etc required
• Advising on objections to registration of Powers of Attorney
• Setting up Ordinary Powers of Attorney eg for a person to apply for probate on an estate or to sign to deal with a property sale
• We will also store your signed Power of Attorney in our strong room for safe-keeping free of charge.