Powers of attorney

A lasting power of attorney (LPA) is a document enabling a person (the donor) to appoint an attorney or attorneys to manage their financial affairs and/or make decisions as to their health and welfare. Prior to 2007 many people created an enduring power of attorney (EPA).

An LPA must be registered with the Office of the Public Guardian before it can be used by the attorney or attorneys appointed. An EPA must be registered when the donor is becoming or has become mentally incapable of managing his or her own affairs.

We can assist with:

• advice on court of protection applications and deputies
• advice on the appointment of attorneys and their duties
• preparing the LPA forms
• registration of LPAs and EPAs with the Office of the Public Guardian
• financial administration in connection with LPAs
• revoking (cancelling) an LPA or EPA
• disclaiming (retiring) from the position of attorney
• the appointment of Russell-Cooke Trust Company as an attorney. The russell cooke trust company is a not-for-profit company regulated by the Solicitors Regulatory Authority

Many of our private client solicitors are specialists in issues affecting those who have lost the capacity to manage their affairs.

This may be in the case of persons who already lack capacity (which may require an application to the Court of Protection), or those who want to plan ahead and make a lasting power of attorney. 

Our Court of Protection team has the specialist experience to take on complex problems in the area of capacity, including the issues that arise when more than one jurisdiction is involved.

Many of our lawyers are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly, and the Association of Contentious Trusts and Probate Specialists (ACTAPS). Richard Frimston is the Law Society representative to the European Committee of the Union Internationale du Notariat (UIN) and is currently Chair of the STEP EU Committee and Co-Chair of the STEP Public Policy Committee.

We know that clients often instruct us at difficult times and these are sensitive matters. We understand the importance of giving clear, timely and practical advice. 

There are two types of lasting power of attorney – one relating to health and welfare and a second that deals with property and financial affairs.