Bartletts Solicitors have been trusted by clients for over 158 years. We’re proud that our solicitors have been a first choice for many generations of families in Cheshire, North Wales and Merseyside.
This experience and continuous presence means that we are well-placed to give advice and support on matters pertaining to Power of Attorney. By granting Power of Attorney you’re giving individuals complete responsibility for and control over your affairs so it is imperative that you take specialist advice beforehand.
Why might I need a Power of Attorney?
Life is full of uncertainties so it’s wise to have plans in place should something go wrong and you are unable to make decisions for yourself. This could be in the event of an illness or accident or getting older and everyday tasks are getting harder to deal with. A Power of Attorney can also be used to allow another person to make decisions on your behalf if you intend to spend long periods abroad and need matters at home to be dealt with in your absence.
Power of Attorney Solicitors in Liverpool and Chester
There are two types of Lasting Power of Attorney:
Property and Financial Affairs:
Which allows the attorney to make decisions about selling a property and dealing with financial affairs such as paying bills, receiving bank statements, making financial decisions, etc.
Health and Welfare:
Which allows decisions on treatment, future care, medication, future residence issues, etc.
You can make a Lasting Power of Attorney for either or both of these types of matters. Separate applications for registration have to be made for each Lasting Power of Attorney.
The application is made by completing a Lasting Power of Attorney form and making the appropriate application to the Office of the Public Guardian for registration. The Office of the Public Guardian manages the registration process and maintains a register of all registered Lasting Power of Attorneys.
It is important for a Lasting Power of Attorney to be made to ensure that one’s affairs are properly dealt with if a person becomes unable to manage his or her own affairs in the future. If a Lasting Power of Attorney is not made and a person can no longer manage his or her own affairs, it may be necessary for an application to be made for a Deputy to be appointed by the Court of Protection. This procedure is more expensive and involves the family in more time-consuming legal work.
Lasting Powers of Attorney
The experienced team of solicitors in our specialist departments at our Chester and Liverpool offices can help you with the following:
- The decision about who should be your attorney and have Lasting Powers of Attorney
over your estate and future well-being - Help to ensure your attorney is properly registered at the Office of the Public Guardian
- Deciding whether any conditions should be attached to your Lasting Power of Attorney
- We’ll advise your attorney of their role, responsibilities and duties to you
- We’ll help you to prepare a separate letter of wishes
- Provide an independent audit as reassurance in the event of family conflict
- We can offer that a suitably qualified Partner in the firm take on the role of Attorney. The advantage is that he/she is qualified and insured in case of error
Our experts deal with each case sensitively and on an individual basis, ensuring that you understand the process thoroughly.
Why Do I Need a Lasting Power of Attorney?
Losing mental capacity is an unavoidable consequence of growing old for many people. Mental capacity may be lost completely if a person develops a dementia condition such as Alzheimer’s disease, suffers a stroke, falls into a coma or sustains a serious injury in an accident. A Lasting Power of Attorney, whereby a person chooses a representative(s) to take over control of their affairs in the event of mental incapacity, therefore represents sensible planning for an unpredictable future, and can end up saving all parties time, stress and money.
A person does not suddenly relinquish control of their financial affairs and property by setting up a Lasting Power of Attorney, rather they put in place a mechanism whereby a representative (usually a family member) can take control of their affairs either before or when they lose the capacity to make decisions on their own behalf. If and when a person’s mental faculties recover, they can then resume control of their affairs.
If a Power of Attorney is not in place and the person concerned is not capable of making any financial decisions, we can also guide you through the legal process of becoming a Deputy by applying to the Court of Protection and a suitably qualified Partner can offer to take up the role of Deputy as in the case of Attorney.
Court of Protection
It can be stressful for family and friends if someone becomes mentally incapable and is unable to deal with their own financial affairs. If a Power of Attorney has not been prepared a Deputy must be appointed by the Court of Protection.
Do I Need to See a Solicitor for My Lasting Power of Attorney?
Yes, as this is such an important legal document you should see a solicitor to discuss your Power of Attorney. This is because it is crucial for us to understand what your wishes are. To achieve this it is always better to have a face to face meeting. This can be at your residence or at our offices.
Appointing Attorneys Jointly or Jointly and Severally?
We need to see you to go over many important issues such as who you would like to appoint as your attorney. If there are to be joint attorneys you will need to think about whether you wish to appoint them jointly so that they would both have to sign all documents and make decisions together or jointly and severally so that either of them could do this.
You can appoint a replacement attorney to act in case in the future your attorney is no longer able to act on your behalf.
What Control Can I Exercise Over My Attorney?
You will also need to decide if you wish to impose any restrictions and conditions on your attorneys or if you wish to give them any guidance about matters and if they can charge for their services.
Who Can Act as My Power of Attorney Certificate Provider?
Your doctor or other professional person or someone who has known you for at least the last two years can act as your certificate provider. The Lasting Power of Attorney will then have to be signed by your certificate provider who confirms that he or she believes that you understand the purpose of the Lasting Power of Attorney and that no fraud or under pressure has been used to persuade you to sign the form and that there is nothing else which would prevent the Lasting Power of Attorney being created.
How Long Will the Process Take?
Once the Lasting Power of Attorney has been signed by yourself, the Certificate Provider and the attorneys, we will then make the application for registration of the LPA. The registration process will take at least 2 months.
Our solicitors will be able to deal with all the formalities on your behalf and progress matters as quickly as possible.
Solicitors Setting up Lasting Powers of Attorney in Liverpool and Chester
Each LPA is different, because it is intended to reflect a person’s unique wishes and intentions. Bartletts Solicitors has registered numerous LPAs for clients in Chester and Liverpool and across Cheshire and Merseyside over the years, and offers a no obligation consultation by phone or in person. Bartletts Solicitors offers a transparent fixed fee service so that clients know exactly how much they will pay before instructing us.
Lasting Power of Attorney Case Study
Mr and Mrs K were regular clients. We had acted for them on a number of matters and they advised us that they each wished to make a Lasting Power of Attorney relating to their property and financial affairs in case either of them became unable to manage these in the future.
They had two children and asked Louise Nelson at Bartletts: how can we appoint our children to act jointly to make decisions on our behalf if we should become ill? After explaining how this could be done, they decided to appoint their children to act jointly on their behalf so that any decisions would have to be made by both children rather than one of them.
After the Lasting Powers of Attorney had been registered, Mrs K subsequently became more and more confused and was diagnosed as suffering from Alzheimers disease. Fortunately as she had prepared a Lasting Power of Attorney, her children were able to take over her financial affairs and run these smoothly. This resulted in a substantial cost savings in that there was no need for an application to be made to the Court of Protection for a Deputyship Order.
In another case, Mr X signed a Lasting Power of Attorney and medical evidence was obtained to confirm that he had the necessary mental capacity to understand and to sign this.
The Lasting Power of Attorney was then registered. Unfortunately shortly afterwards, Mr X became confused and unable to manage his affairs but because the Lasting Power of Attorney had been signed, this resulted in significant savings and trouble in that no application had to be made to the Court of Protection for a Deputy to be appointed.
At Bartletts in Chester and Liverpool we have a wealth of experience in this sensitive area of law and are able to support and guide you through the process of application to become a Deputy. We’ll also advise you about managing the individual’s finances. This might include asking the Court to intervene in matters such as the sale of an individual’s property or the execution of their Will.
Make an enquiry today
For further information or advice about Powers of Attorney please contact Bartletts Solicitors today at our Liverpool, Chester or Wrexham offices or email advice@bartletts.co.uk.
Alternatively, you can Make An Online Enquiry and one of our team will be in touch with you as soon as possible.
