Powers of Attorney

We provide our clients with a wide range of power of attorney services.

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Caroline Foulger
Partner and Head of Private Client

A Lasting Power of Attorney (LPA) is a legal document which enables you to decide who you trust to make decisions about your finances, property or healthcare, in the event you are no longer able to do so.

Age-related issues such as dementia are often the reason that people are no longer able to make such decisions. However, this could also be caused by an accident or by illness.

Without a Power of Attorney, those closest to you could be faced with an application to the Court of Protection to give them authority to act on your behalf. The application process for being appointed as Deputy can take a long time and the costs are higher for the LPA process. In addition, the decision as to who should act on your behalf is made by the Court, rather than by you.

Lasting Powers of Attorney (LPA)

There are two types of LPAs:

Property and Financial Affairs LPA gives your Attorneys authority to manage your finances. This includes the day to day management as well as significant decisions such as selling your home and investing the proceeds to provide an income in the event you need to go into residential care.

Under a Health and Welfare LPA your Attorney will have authority to make personal welfare decisions on your behalf, including decisions about life-sustaining treatment where you specifically authorise this. These decisions can only be made on your behalf if you lack the capacity to make them yourself. We can also advise on how a Health and Welfare LPA can interact with an Advance Decision (also known as a Living Will).

We advise you on the process of creating and registering LPAs and draft the LPAs for you to ensure that they accurately reflect your wishes and includes all the provisions that your attorneys may need in due course. This may include:

  • Advising you on the various additional powers and provisions that you can include in your LPAs and drafting these for you to reflect your personal circumstances;
  • Advising you on the best structure for your LPAs;
  • Advising you on how best to deal with delegating authority regarding any business interests;
  • Guiding you through the process of getting the LPAs properly signed by all the relevant;
  • Acting as Certificate Provider or advising on who would be the best person to act in this role;
  • Registering your LPAs with the Office of the Public Guardian; and
  • Storing your LPAs in professional secure storage, free of charge, and providing you with copies and a ring binder to keep them in.

If you would like to speak to someone at TWM Solicitors about putting in place LPAs, please contact a member of our Private Client Team. It is helpful if you have also completed the attached questionnaire: LPA client guide.

Enduring Powers of Attorney (EPA)

Since October 2007, it has no longer been possible to put in place a new EPA or to make changes to an existing one. However, EPAs signed before that date are generally valid.

If the person who has made a valid EPA begins to lose mental capacity to manage their own affairs, their Attorneys will need to register the EPA with the Office of the Public Guardian. We can assist you with this process, prepare the necessary notice and application paperwork, and advise you on the implications of registration for the person who has lost capacity and their Attorneys.

General Powers of Attorney

Unlike LPAs and EPAs, General Powers of Attorney do not continue to be effective if the person who has made it loses mental capacity. However, they can be valuable if you need someone to be able to carry out administrative tasks on your behalf. For example, if you are a party to a transaction and are going to be physically unable to sign sale or purchase documents, perhaps because you are going abroad at the relevant time. We can advise on the process and implications and draft the necessary paperwork.

Related services

Court of Protection / Deputyship

At TWM, our Court of Protection and Deputyship solicitors are on hand to support you through this difficult time. Find out more here.

Full Estate Administration Service

We can help you navigate the process of administering the estate of someone who has died and deal with the estate administration on your behalf.

Obtaining a Grant of Representation

We can help you begin to navigate the process of administering the estate by obtaining the Grant of Representation on your behalf.

Probate and the Administration of Estates

We understand that the period following the death of a relative is a difficult time which is why our probate solicitors are here to take care of everything.

Wealth Protection

We have advised families over many decades as to how to manage their assets to maximise their potential. Find out how we can help you here.

Wills and Estate Planning

At TWM, our Wills and Estate Planning solicitors are able to provide you and your family with a bespoke Wills and Inheritance Tax planning service.

Wills, Probate and Powers of Attorney

Our Private Client team has the expertise to offer a range of private client services, including Wills, Probate and Powers of Attorney.

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