Lasting Powers of Attorney

Lasting Powers of Attorney | Court of Protection | LPA Fees

 

Manners Pimblett have experienced solicitors who specialise in Lasting Powers of Attorney (LPA).

A person may become incapable of making their own decisions for any number of reasons. They may have Alzheimer’s disease or dementia, have suffered a stroke or have been involved in an accident. Whilst it is not a pleasant thought, it is important to remember that mental incapacity is not something that only affects the elderly. It is therefore never too soon to put your affairs in order.

What are Lasting Powers of Attorney?

Whilst you have ‘capacity’ (the understanding and ability to make informed decisions) you can prepare a Lasting Power of Attorney. This is a legal document which allows you to choose another person or persons (your attorneys) to make decisions on your behalf, should you ever become incapable in the future.

There are 2 types of LPA:

  • Health and Welfare
  • Property and Financial Affairs

You can choose to make one type or both.

Health and Welfare Lasting Powers of Attorney

This LPA gives an attorney the power to make decisions about things such as your daily routine, for example:

  • washing, dressing, eating
  • medical care
  • moving into a care home
  • life-sustaining treatment
  • where you should live
  • who you should have contact with
  • what kind of social activities you should take part in

Property and Financial Affairs Lasting Powers of Attorney

This LPA gives an attorney the power to make decisions about money and property for you, for example:

  • managing a bank or building society account
  • paying bills
  • collecting benefits or a pension
  • buying and selling property
  • paying the mortgage
  • investing money
  • arranging repairs to property

What happens if you don’t have Lasting Powers of Attorney?

If you have a loved one who is unable to manage their own affairs because they lack mental capacity, and if they do not have a Lasting Power of Attorney or Enduing power of Attorney in place, then it is possible to apply to the Court of Protection for an order enabling you to deal with the individual’s affairs on their behalf.

Court of Protection for Deputyship orders

A deputy is usually a relative or close friend who is approved by the Court of Protection to manage the affairs of a person who is judged not to have the mental capacity to do so for themselves. In certain circumstances a professional such as a solicitor can be appointed by the Court.

Property and Affairs

This is the most common form of deputyship. This is where the appointed person takes over responsibility for an individual’s financial affairs and decisions about their property. If the individual does not have any savings or property and the only income is social benefits, then there may be no need for a deputy to be appointed as the DWP could manage this. We would be able to advise you on this.

Personal Welfare Deputyship

This is the rarer form of deputyship. This is where the individual is no longer able to make important decisions about his/her care and treatment, and they have not appointed anyone to act prior to their decline in health. Deputies in these cases are only appointed in exceptional circumstances when a decision can be reached in the best interests of the person. The COP does not usually appoint deputies to make ongoing decisions about someone’s health unless regular treatment is required (this is more common in younger people).

If there is a disagreement as to what is in the person’s best interests, it may be necessary for the court to intervene.

Here at Manners Pimblett we understand that this is a very personal area of law, and our specialist solicitors are here to advise you on the best course of action to take. If you would like to know more about Lasting Power of Attorney or Court of Protection for Deputyship Orders, please call Clare Parrott more information.

Please call 01625 850 888 or email info@mannerspimblett.co.uk if you have any queries.

Clare Parrott, Solicitor Private Client Department at Manners Pimblett Solicitors in Poynton, Cheshire
Clare Parrott
Solicitor Private Client
Department
01625 856771

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Testimonials
Friendly, knowledgeable and informative

February 13, 2024

Both Annie and Mazhar, who I have dealt with mainly, are very friendly, knowledgeable and informative, and have a good sense of “the real world.” Also, the other members of staff who are dealing with my will and LPAs are excellent. Good customer service.

Mrs W, Cheadle


Clare Parrott was excellent

January 17, 2024

Once again Clare Parrott was excellent in organising the Powers of Attorney for all my three children, at such times that this will be needed. All staff contacted me when I had concerns and explained clearly so I didn’t worry. Many thanks to all involved. 

Mrs S, Poynton


Excellent service and support

December 20, 2023

Reassuring, reliable and all departments were very professional. Excellent service and support at every stage. Thank you.

Mrs R, Poynton


No hesitation in recommending

December 5, 2023

Over the past seven-and-a-half years we have used Manners Pimblett at least six times for conveyancing, wills, probate and Lasting Powers of Attorney. In all matters they have acted efficiently and professionally while at the same time in a very friendly manner. I have absolutely no hesitation in recommending them to others.

Mr F, Gatley


Professional yet personal

November 19, 2023

Really appreciated Clare Parrott’s professional and yet personal approach.

Mr E, Milton Keynes

 


Thorough and patient

November 22, 2023

The process we went through was made very clear and we were able to understand what was said to us. They were thorough and patient. Thank you.

Mr and Mrs D – Hazel Grove


Professional, kind and understanding

November 7, 2023

Professional, kind and understanding. Aware of my concerns, handled with compassion. Thank you.

Mrs H – Cheadle


Welcome advice

November 3, 2023

It was my first occasion involved with probate and I welcomed advice and action.

Mr B – Poynton


No hesitation in recommending

November 5, 2023

You have helped me with my will and more recently with Power of Attorney. I would have no hesitation in recommending your service.

Mr J – Cheadle


Quick and efficient service

August 29, 2023

Manners Pimblett sorted out my will and Powers of Attorney. They explained everything clearly and provided a quick and efficient service. The staff were very polite and made me feel very comfortable in their presence.

Mrs A – Poynton