Powers of Attorney

There are two main types of Power of Attorney, a General Power of Attorney and a Lasting Power of Attorney (“LPA”)

A General Power of Attorney is a document that gives someone of your choosing authority to act on your behalf in property or finance related matters. Going abroad and need someone to act on the sale of your property in the UK while you’re away? This is just one of many scenarios when you may need a General Power of Attorney, which can be revoked at any time.

There are two types of LPA, a Property and Affairs LPA, similar to a General Power of Attorney, and a Personal Welfare LPA. Which gives someone of your choosing authority to make decisions about your personal welfare should you become unable to do so. Whilst a General Power of Attorney would become invalid should you lose your mental capacity, an LPA does not.

What happens when you can’t handle your own affairs any more? If you suddenly or gradually become mentally incapacitated and haven’t appointed someone to take care of your welfare and financial needs, how will things like your care be funded if your money cannot be accessed? How will your family be provided for? What if you hold a joint bank account with a partner who loses mental capacity; your account will be frozen and could remain so for many months until the Court of Protection appoints a Deputy to take care of the finances. This can be costly and very time consuming.

The answer lies in an LPA.

How we can help you

Mental incapacity is not just limited to older people or linked to dementia. Accidents or illnesses can cause temporary or permanent incapacity so it is important to consider making provision in the form of  an LPA sooner rather than later.

Our specialist solicitors are experts on drafting LPAs that have your best interests at their core. They will help you:

  • Decide on the best people to act as your attorneys, and whether they should make joint decisions or be free to act alone
  • Complete the complicated paperwork
  • Drawing up a certificate of capacity if needed.
  • Register your LPAs with the Office of the Public Guardian

If you are acting as attorney for someone else, you might also need a solicitor to act for you. If you are experiencing any difficulties or problems with financial institutions or other family members we can act for you.

Why use John Hodge Solicitors?

An LPA is an important legal document.  Taking advice from an expert lawyer will give you peace of mind that you have considered all relevant practical and legal issues, that the documentation has been properly prepared and you have taken all prudent steps to prepare for your future

Your specialist lawyer from John Hodge Solicitors will be:

  • Appropriately qualified and fully conversant with all the potential pitfalls and how to avoid them
  • Friendly and willing to listen to all your concerns and discuss them with you until you feel comfortable that you have made appropriate decisions that  mean your family and friends are able to help you in the future when you most require their help
  • Helpful in getting the necessary forms completed accurately
  • Proactive in dealing with your attorneys and the courts where needed

A Lasting Power of Attorney is an invaluable document for protecting your assets and welfare. Hopefully, you won’t need to use it; but if you do lose the ability to handle your own affairs and don’t have one,
it won’t just be you that suffers.

So contact us now to arrange your LPA.

Partners

Jennie Stevenson
Solicitor
Clevedon
Disputes, Family, Wills, Estate Planning and Administration
Joanna Kenyon
Solicitor
Weston-super-Mare - Tivoli House
Wills, Estate Planning and Administration

Associates

James Ashby
Solicitor
Wedmore
Wills, Estate Planning and Administration
Emma Brown
Solicitor
Weston-super-Mare - Morston Court
Wills, Estate Planning and Administration

Legal Team

Sara Anthony
Solicitor
Yatton
Wills, Estate Planning and Administration