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Powers of Attorney
Powers of Attorney are documents which allow you to decide who you would like to assist with or manage your affairs. The appointment of individuals can be short term, long term or regarding a certain matter/decision.
If you do not have a Power of Attorney in place, then those individuals will encounter issues in accessing or obtaining the authority to act. If you lose capacity, the Court of Protection will either make a decision on your behalf or appoint a deputy to act.
At Kingsfords, our Private Client Department have substantial experience in providing carefully tailored advice to guide you through this area of the law.
Our Powers of Attorney Service includes:
- Lasting Powers of Attorney (LPA)
- Enduring Power of Attorney (EPA) Registration
- Ordinary Powers of Attorney (OPA)
- Powers of Attorney Disputes
- Ending Powers of Attorney
Contact Our Private Client Team
For further information or to make an appointment, please contact our Private Client Team in Ashford, Cranbrook or Hythe on 01233 665544. Alternatively, fill in the enquiry form on the side of the page to request a call back.
You can also download the Kingsfords LPA Questionnaire here. Please complete the questionnaire and bring it with you to your initial appointment.
Our Powers of Attorney Expertise
Lasting Powers of Attorney (LPA)
Lasting Powers of Attorney (LPAs) are documents registered with the Office of the Public Guardian, which allow you to choose those who you trust to be an Attorney and make decisions on your behalf.
Traditionally, these documents were prepared should an individual lose capacity in the future. However, given the increase in progressive conditions, the developments in technology and the complexity of families and relationships these documents are becoming more prevalent and essential documents to have.
By preparing the documents you can ensure that the appointed individuals will act in your best interests and according to any wishes and instructions you have stipulated.
Our Private Client Team will manage the application process on your behalf, including the drafting and completion of all necessary paperwork and correspondence with the Office of the Public Guardian for a fixed fee.
There are two types of LPA that you can make an application for:
Property and Financial Affairs LPA
Under this type of LPA, your Attorneys can assist you with the management of your finances, such as paying the bills, managing your bank accounts, buying or selling property, business decisions and providing general assistance with your finances.
Personal Welfare LPA
Under this type of LPA, your Attorneys, can be permitted to make decisions such as whether to give or refuse consent to medical treatment, your healthcare needs or deciding where you live. Under this LPA, the attorneys can only act when you lack the relevant mental capacity.
Enduring Power of Attorney (EPA) Registration
Although Power of Attorney law has been updated, resulting in Enduring Powers of Attorney (EPA) being superseded by Lasting Powers of Attorney, EPAs which have already been created, remain valid.
If a person with an existing EPA were to lose their mental capacity and could no longer manage their own affairs, their Attorneys are obliged to apply to the Office of the Public Guardian to register the document, before it can be validly used.
Our Private Client Team can assist you with the registration process, completing the necessary paperwork.
Ordinary Powers of Attorney (OPA)
An OPA is useful if you require help for a short-term issue, for example you are going away on holiday for several months and you want someone to pay your bills whilst you are away.
An OPA is a short-term solution and would become invalid, if you were to lose mental capacity.
We can assist you in making an OPA, which is suitable for the short term and is tailored to your individual circumstances.
Powers of Attorney Disputes
It is possible for disputes to occur in relation to Powers of Attorney. For example, a disagreement may arise regarding the donor’s level of capacity, when the document was drafted, or if an attorney is alleged to be incorrectly handling the donor’s affairs.
Our Private Client Team can help resolve any disputes, which may be getting in the way of an attorney’s ability to effectively carry out their duties, helping to reach an agreement that is in everyone’s interests.
Ending Powers of Attorney
Where you still have the mental capacity to do so, it is possible to bring an LPA to an end. If the donor does not have mental capacity, a relative or close friend, can apply for the LPA to be removed on their behalf.
Ending an LPA can be an extremely complex process, which is why it is important to have the support and guidance from Kingsfords. We can guide you through all the steps that need to be made.
Frequently Asked Questions About Powers of Attorney
Do you need a Solicitor to make a Lasting Power of Attorney?
In short, no, you do not necessarily need to work with a solicitor if you are making a Lasting Power of Attorney. However, the process for LPAs can be very complicated and the potential consequences for making a mistake during the process can be costly.
It is therefore strongly recommended, that you work with an experienced solicitor who specialises in lifetime planning matters, so that you can be certain every detail is taken care of and no stone is left unturned.
Who can act as an Attorney?
It is possible to appoint one or more attorneys to act on your behalf. Attorneys are typically someone you trust (a family member or close friend) and they must be over 18 years old.
Who can witness a Lasting Powers of Attorney?
If you are a donor, your Lasting Power of Attorney witness must be over the age of 18 and not already be named as an attorney or replacement attorney.
An attorney’s signature also needs to be witnessed by someone aged 18 or older, but it cannot be the donor. Attorneys can witness each other’s signature, and your certificate provider can be a witness for the donor and attorneys.
What is the difference between an Enduring Power of Attorney and Lasting Power of Attorney?
Enduring Power of Attorneys (EPAs) were replaced by LPAs in 2007. However, if you made and signed an EPA before October 2007, it should still be considered valid and can be used if you lose capacity. EPAs tend to cover the same aspects as a property and financial affairs LPA.
Contact our Private Client Team
- Marcus Parsons
- Co-Managing Director & Co-head of Wills and Probate
- Julie Granger
- Director - Hythe Office
- Adam Luke
- Director - Co-head of Wills, Probate and Powers of Attorney
- Elizabeth Isaac-Garner
- Chartered Legal Executive
- Corrina Sewell-Hill
- Private Client Executive
- Emma Bishop
- Taya Thorogood
- Trainee Solicitor
- Michaela Clifford
- Junior Private Client Executive
For more information please call us on 01233 624545