LASTING POWERS
OF ATTORNEY

LASTING POWERS OF ATTORNEY
& COURT OF PROTECTION

Our Probate Team specialises in these areas of law together with the preparation of Wills, the administration of estates of people who have passed away and the creation and administration of Trusts. You can find out more about these areas by clicking here.

The good news is that we are living longer, but the downside is that as we age problems can occur with regard to physical or mental capacity.

You can take steps to ensure you have planned for such an eventuality by creating a Lasting Power of Attorney (LPA) appointing one or more people, usually family or friends, to act as Attorneys who can then ‘step into your shoes’ should the need arise. These documents allow your Attorneys to deal with your financial affairs, decisions relating to your health and welfare, or both. You choose in advance what you want them to be able to do, and how they are able to do it. You can also place restrictions on them if you wish.

If by chance a family member or friend has lost the mental capacity to make their own decisions before an LPA has been created it is possible to apply to the Court of Protection to appoint one or more Deputies to protect that person’s interests. A Deputy carries out a similar role to that of an Attorney under an LPA, except that instead of following your guidance it would be under the supervision and control of the Court of Protection. As you will see from the fees payable this is a more expensive process than an LPA, but may be the only one available if an LPA has not been made early enough.

Our Probate Team can advise you on all aspects of this process and help you through it.