We never know what life might have in store for us. In the unfortunate situation that you lose the ability to manage your affairs and finances in the future, it is vital that you have the correct arrangements in place to ensure that everything will be taken care of. That’s where the creation of a Lasting Power of Attorney (LPA) will prove essential.
A Lasting Power of Attorney is a legal document that allows you to plan what should happen to you if you become unable to make decisions for yourself in the future. It offers security for you and your loved ones and lets you decide what should happen if old age, illness or injury leave you unable to deal with your own affairs.
By making a lasting Power of Attorney you can:
- Nominate a person who you trust to look after your affairs and welfare in the future.
- Specify your wishes and what powers your attorneys should have.
- Decide who is told about your Lasting Power of Attorney to allow people to raise concerns now should they wish to do so.
- Reduce the likelihood of conflicts in the future by ensuring that your signature and the signatures of your attorneys are witnessed.
If you do not make a Lasting Power of Attorney while you have capacity, your family may need to apply for a deputyship from the Court of Protection, which can be costly and time consuming.
At F Barnes Solicitors, we are frequently instructed to draw up Lasting Powers of Attorney for a wide variety of clients. As such, we are able to provide comprehensive guidance on all aspects of the process, including helping you to decide what affairs you would like to be handled and who should act as your attorney.
Our Lasting Power of Attorney solicitors can provide support on:
- Creating and registering a Lasting Power of Attorney
- Acting as an attorney
Contact our Lasting Power of Attorney Solicitors in Essex
You can contact our Lasting Power of Attorney solicitors during our office hours of 9am-5pm at your local branch in Romford, Gidea Park or Collier Row by giving us a call on:
- Romford – 01708 745183
- Gidea Park – 01708 333711
- Collier Row – 01708 743727
Alternatively, contact us at any hour of the day by filling in our online enquiry form, and we will call you back.
How our Lasting Power of Attorney solicitors can help
Creating and registering a Lasting Power of Attorney
There are two types of Lasting Powers of Attorney that you can create: a Property and Financial Affairs LPA and a Health & Welfare LPA. You will need to decide whether you need both of these types of Lasting Powers of Attorney or just one of them.
Our expert team can assist you with the process of deciding which type of Lasting Power of Attorney will be best suited to your circumstances, before guiding you through all aspects involved in creating the document itself.
With our support, you can be confident that all of the documentation will be drafted accurately and in a timely fashion before we proceed to submit them to the Office of the Public Guardian for registration.
Where required, we can also act as a certificate provider, confirming that you sufficiently understand the document and have the capacity to enter into the Lasting Power of Attorney.
More information on the process for setting up a Lasting Power of Attorney can be found here.
Acting as an attorney
Acting as an attorney under a Lasting Power of Attorney is a very serious responsibility and one which can be somewhat daunting if you have no prior experience. It is important that you understand what your role will entail so you can be confident that you are carrying it out to the best of your ability.
We can support appointed attorneys throughout the process so that you can be sure you are ready to best support the person who has made the Lasting Power of Attorney.
Why work with our Lasting Power of Attorney solicitors?
At F Barnes, we have a highly experienced team who can assist you with everything involved in Lasting Powers of Attorney, giving you the peace of mind that everything will be taken care of when required.
Our solicitors always offer clear, straightforward advice without legal jargon. We want to make certain that you have the correct arrangements in place and understand exactly what it means for you and your appointed Attorney.
We are friendly and approachable, offering reasonable fees and a firm commitment to exceeding client expectations. Our reviews speak tell you everything you need to know.
When you work with our team, you will only have one contact who you will be able to build a strong relationship with and who will be on hand to answer any questions you might have about Lasting Powers of Attorney.
Sangeet Tatem is Society of Trust and Estate Practitioners (STEP) affiliated. Members of STEP are recognised as experts in their field, with proven qualifications and experience. By joining STEP and maintaining their membership, members have also shown significant commitment to their continued professional development in this specialist area.
STEP members are subject to an extensive Code of Professional Conduct, which requires them to act with integrity and in a manner that inspires the confidence, respect and trust of their clients and the wider community. Sangeet is our Head of Department and as such guides her team with her wealth of experience and expertise.
Liam Gough is a member of the Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly) and sits as a Judge with the Court of Protection
As a firm, we are proud to hold the Lexcel accreditation, issued by the Law Society. This involves the firm undergoing a rigorous audit process which ensures we maintain high levels of client care.
Frequently asked questions about Lasting Powers Attorney
What steps are involved in creating a Lasting Power of Attorney?
There are four steps to obtaining a Lasting Power of Attorney:
1. Make an appointment to meet one of F Barnes’ legal advisors.
We will be able to take all the initial information needed for the application such as your chosen attorneys and the way in which you wish to appoint them. Our legal team can guide you through the best options to suit your personal circumstances and advise you of the likely cost.
2. Draw up and sign the relevant documents
The documents will be drawn up by the legal advisor who will organise for you and your attorneys to provide a signature. You will also require a certificate provider who can confirm you sufficiently understand the document and have the capacity to enter into the Lasting Power of Attorney.
The role of a certificate provider can often be carried out by your legal advisor. However, your doctor can also act, as can people who have known you for a period exceeding 2 years as more than an acquaintance.
You will also be required to notify one person that you are entering into a Lasting Power of Attorney. This can be a friend or family member but cannot be an already named attorney or certificate provider. The ‘person to notify’ will be sent a notice informing them of your intentions and if they wish to object, they have three weeks from the date the notice was sent to them to do so. We can advise you on suitable people to appoint as certificate providers and persons to notify.
3. Register with the Office of the Public Guardian
Once completed, the documents will be submitted to the Office of the Public Guardian for registration, the Court Fee to be paid at this time and is currently £82.00. The Court will write to your legal advisor confirming the approximate date on which the document will be registered and ready to us.
4. Sending copies of the LPA to you and your attorneys
The registered document will be sent to your legal advisor, and they will contact you to organise sending copies of the document out to you or your attorneys. The document may be used immediately or stored away until such time as you may need it.
What are the two types of Lasting Power of Attorney?
There are two types of Lasting Power of Attorney to be aware of, these being:
- Property and Financial Affairs LPA - Used to give attorneys the power to make decisions about your money and property
- Health & Welfare LPA – Use to give attorneys the power to make decisions about your medical care, daily routine, life sustaining treatment etc.
You will need to decide whether you need both of these types of Lasting Powers of Attorney or just one of them.
How long does it take to get a Lasting Power of Attorney?
The time it takes to take to get a Lasting Power of Attorney often depends on how quickly the Office of the Public Guardian can provide their approval. The process of drafting a Lasting Power of Attorney is often relatively quick, but it can take up to 20 weeks for the Office of the Public Guardian to provide approval.
Contact our Lasting Power of Attorney Solicitors in Essex
You can contact our Lasting Power of Attorney solicitors during our office hours of 9am-5pm at your local branch in Romford, Gidea Park or Collier Row by giving us a call on:
- Romford – 01708 745183
- Gidea Park – 01708 333711
- Collier Row – 01708 743727
Alternatively, contact us at any hour of the day by filling in our online enquiry form, and we will call you back.