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Lasting Powers of Attorney and Deputyship
Have you thought about what would happen if, at any time, you were not able to manage your financial affairs or make decisions about your health and welfare?
At Johnson Astills we can assist with the preparation and registration of Lasting Powers of Attorney which enables you to control who would make those decisions for you, for example family members/trusted friends/professionals.
If you fail to make a Lasting Power of Attorney for property and financial affairs an application to the Court of Protection would be required to appoint someone as Deputy to make those decisions for you; this might not be the same person as you would choose. Not only that, the process is longer and more expensive than making a Lasting Power of Attorney.
Should you find yourself in the position of needing to apply to the Court of Protection to become a Deputy, we can support you through the whole process, helping to empower you to manage your loved one’s affairs as swiftly and smoothly as possible.
We also regularly advise Attorneys and Deputies on carrying out their duties, such as the ability to make gifts, the requirement to keep records and in relation to property transactions.
How we can help you with Lasting Powers of Attorney
Making a Lasting Power of Attorney
There are two types of Lasting Power of Attorney:
- Property and Financial Affairs – covering decisions relating to all aspects of your finances including your income, outgoings and your home.
- Health and Welfare – covering decisions relating to all aspects of your health and welfare including medical treatment, care support and day-to-day personal care.
Our team will advise you as to the appropriate provisions to include in your Lasting Powers of Attorney to ensure that your wishes are carried out should you be unable to put them into effect yourself.
We will discuss the appointment of appropriate attorneys and either act as “certificate provider” to confirm mental capacity or arrange this with an appropriate medical professional.
We will handle the process from start to finish including registration of the LPAs with the Office of the Public Guardian.
We understand and appreciate that making Lasting Powers of Attorney can be a difficult and emotional decision, but we can support you through the process.
Registering a Lasting Power of Attorney
For a Lasting Power of Attorney to take effect, it has to be registered with the Office of the Public Guardian. Where an LPA has been prepared but not yet registered, we can assist you with the registration process.
We can also assist with registering an Enduring Power of Attorney, which were replaced by LPAs in October 2007, but can still be used if they were prepared and signed before this date.
Advice for Attorneys
If you have been named as an Attorney in an LPA, we can advise you on carrying out your role. This includes advice on the exact powers you are granted under the LPA and your legal obligations, including the need to produce annual accounts.
How we can help you with Court of Protection Deputyship
Applying to become a Court of Protection Deputy
If someone close to you fails to make a Lasting Power of Attorney for property and financial affairs and later loses capacity to make their own decisions, you may need to make an application to the Court of Protection to be appointed as deputy. This will allow you to manage their financial affairs under the supervision of the Court.
The Court will need detailed relevant information about the finances of the person who has lost capacity and the suitability of the person to be appointed as deputy. Our team can guide you through all stages of the process including drafting the application and obtaining the suitable opinion of a medical professional as to lack of mental capacity, right through to the granting of a Deputyship Order.
Advice for Court of Protection Deputies
Acting as a Court of Protection deputy is a big responsibility, so it’s important to get expert advice about the decisions you have to make and your legal obligations. Our Court of Protection solicitors will be happy to guide you in your role, giving you confidence that you are effectively meeting your loved one’s needs and your responsibilities.
Applying for a Statutory Will
If a loved one has lost mental capacity and does not have a valid Will or their Will needs updating, you can arrange this by applying to the Court of Protection to make a Statutory Will. There are strict requirements for Statutory Wills, so getting expert legal advice is essential.
Our team can advise you on whether applying for a Statutory Will is appropriate, help with preparing your application and guide you through dealing with the Court of Protection to resolve any issues that may arise during the process of making a Statutory Wills.
Our LPA and Deputyship fees
Many aspects of dealing with Lasting Powers of Attorney and Court of Protection Deputyship can be dealt with by our team on a fixed fee basis. This means you can have total certainty over the costs involved in dealing with matters such as preparing and registering and LPA or applying to become a Court of Protection deputy.
Whatever your requirements, we will always give you a realistic estimate of the likely costs involved at the outset. That way you will have a clear idea from the start of how much you are likely to end up spending to deal with your needs.
Find out more about our fees.
Why you can trust our LPA and Deputyship solicitors in Leicester and Loughborough to look after your interest
At Johnson Astills, our aim is to provide on ongoing service to families in changing circumstances and if your needs or the needs of a loved one change over time, our team of solicitors have specialist knowledge to help make sense of it all.
Our team includes members of Solicitors for the Eldery (SFE) and the Alzheimer’s Society reflecting our expertise in supporting elderly and vulnerable people. Our team includes Kirsty Gasson and Jane Hinds, who are trained Dementia Friends.
We are Lexcel accredited by the Law Society for the high standards of our legal practices and are independently regulated by the Solicitors Regulation Authority (SRA).
Get in touch with our Lasting Powers of Attorney & Deputyship Solicitors in Leicester and Loughborough
For help making an LPA, applying to become a Court of Protection deputy or acting as an Attorney or Deputy in Leicester, Loughborough and the surrounding area, please get in touch with a member of team.