Lasting Powers of Attorney

The possibility of losing mental capacity and as a result not being able to make personal decisions is a difficult prospect to contemplate. The reality is that, for some, this is exactly what happens. Sometimes unexpectedly as a result of a serious accident, or as a result of the progression of dementia in later life. It is therefore essential to be prepared for this possibility and make plans while you have mental capacity to do so. This is achieved by creating a Lasting Power of Attorney that appoints one or more trusted people of your choice to make future decisions on your behalf in the event you are incapable of making those decisions yourself.

Our specialist team of private client solicitors, who are ranked in the Legal 500, have an excellent reputation in advising and preparing Lasting Powers of Attorney for clients across Essex, London and further afield.

There are two common misunderstandings about Lasting Powers of Attorney. Firstly, if a person loses mental capacity, their next-of-kin can automatically take responsibility for that person’s financial affairs. Secondly, a relative can create a Lasting Power of Attorney on behalf of that person. Next-of-kin are often distressed to learn that neither can occur and that the only alternative for them at that stage is to make an application to the Court of Protection to lead to their appointment as that person’s deputy. This is an expensive and administratively burdensome process that could have been avoided had a Lasting Power of Attorney been put in place in advance.

There are two types of Lasting Power of Attorney:

A Lasting Power of Attorney in relation to decisions affecting health and welfare
A Lasting Power of Attorney in relation to decisions affecting property and finances

Our team of expert private client solicitors make the process of making a Lasting Power of Attorney as simple as possible. Firstly, it is necessary to meet with you personally to give you advice and take your instructions. This meeting typically takes 45 minutes. Your meeting will be with one of our specialist private client solicitors.

Following your consultation, you will be sent a draft Lasting Power of Attorney. If on reflection you wish to alter the terms of the draft, we can take your further instructions over the telephone or by e-mail and send you an amended draft for your further consideration.

Once you have approved your draft Lasting Power of Attorney, your solicitor will meet with you again to get the final version signed. This meeting typically takes fifteen minutes. The document will then need to be signed by your attorneys; we can either assist with this, or you can arrange yourself.

Once your Lasting Power of Attorney has been completed, we are able to store it free of charge in our secure storage facility until such time as it may be needed. However, if it is likely that the document will need to be used in the near future, we can assist you with the second and final stage of registering it with the Office of the Public Guardian so it can be used immediately.

Our private client solicitors are available to see clients at short notice and also offer home visits to those who are unable to personally attend our offices due to ill health or other reasons.

In all cases we work on a fixed fee basis, giving you peace of mind that, from the very beginning, you are aware of exactly how much our fees will be. We will provide you with a fixed fee quote at your initial meeting and if you decide not to proceed, no fee will be payable.