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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.