Kate Garraway and the legal protection we should all have in place
Research by SFE, shows that 65% of us think our next-of-kin will make medical and care decisions for us if…
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Helping you to plan for your future.
A Lasting Power of Attorney is a legal document which you can put in place to appoint people you trust, called your Attorneys, to deal with matters on your behalf when you may otherwise be unable to do so. The benefit of an LPA for Financial Affairs is that it can be used whilst you still have capacity and therefore you may receive assistance from your attorneys as soon as your Lasting Power of Attorney is registered.
There are two types of Lasting Power of Attorney.
The first is a Lasting Power of Attorney for Financial Decisions which allows an Attorney to assist you in dealing with your finances by paying your bills, doing your banking and buying and selling property. The benefit of a Lasting Power of Attorney for Financial Affairs is that it can be used whilst you still have capacity and therefore you may receive assistance from your attorneys as soon as your Lasting Power of Attorney is registered.
The second is a Lasting Power of Attorney for Health and Care Decisions which allows an Attorney to speak on your behalf in relation to all matters from what care or treatment you receive, where you may live to life sustaining treatment decisions. This Lasting Power of Attorney once registered can only be used by your Attorney if you lose mental capacity in the future.
An Attorney should be someone that you trust to make financial decisions and/or health and care decisions on your behalf. You may choose one or more Attorneys who must be over the age of 18 years. You are also able to choose replacement attorneys should your Attorney/s become unable to act on your behalf.
We begin by discussing with you the options for putting in place your Lasting Powers of Attorney. Once we have taken your instructions we will draft the documents and go through the documents with you. Once you have signed the document alongside your certificate provider we will ask your Attorneys to also sign the document. Your Lasting Power of Attorney will then be ready to be sent to the Office of the Public Guardian for registration. The registration process is currently taking up to 12 weeks.
We will prepare your Lasting Power of Attorney for a fixed fee. In addition to this the Office of the Public Guardian charge a fee of £82.00 for registering each Lasting Power of Attorney. It may be possible to receive an exemption or remission of this fee if you receive qualifying benefits or earn less than £12,000 a year and we will discuss this with you at your appointment.
You may come into our office (either Norwich or Attleborough) for an appointment to discuss putting in place an LPA but it is also possible for one of our team to visit you at your home, hospital or care home. There may be a small additional charge for appointments made out of the office.
Enduring Powers of Attorney could be made before 30 September 2007 and whilst these documents can no longer be made any existing Enduring Power of Attorney is still valid. If you already have an Enduring Power of Attorney in place you should review this document as it can no longer be amended.
Enduring Powers of Attorney covers your financial decisions but you may wish to consider putting in place a Lasting Power of Attorney to appoint someone to help manage your health and care decisions should you be unable to do so in the future.
Should you lose capacity in the future your Attorneys will need to register your Enduring Power of Attorney to assist you with your finances. Our team is able to meet with the Attorneys to assist them in making the application for the registration of an Enduring Power of Attorney.
If a loved one has lost capacity, they will no longer be able to prepare an LPA. An application can be made to the Court of Protection for a Deputyship Order.
If you wish to discuss Powers of Attorney in more detail or you wish to book an appointment, please do not hesitate to contact us.
Fellow of the Chartered Institute of Legal Executives - Head of Private Client - Attleborough
Attleborough, Wills, Trusts & Probate
Wenke gained her law degree at the University of East Anglia followed by further studies at the Chartered Institute of Legal Executives. She specialises in Wills, Probate, Powers of Attorney, Court of Protection work and elderly client issues. Wenke has trained as a dementia friend and is a Commissioner of Oaths. She is also an Associate Professional Member of The Solicitors for the Elderly and has previous experience as a property lawyer.
Associate - Head of Private Client - Norwich
Norwich, Wills, Trusts & Probate
Laura advises on a wide range of private client work focussing on Wills, Probate, Administering Estates, Powers of Attorney and Court of Protection work. Laura currently manages the affairs of a number of clients who are unable to do so themselves due to mental incapacity.
Laura is a full member of STEP having specialised in advising vulnerable clients and is also a full member of Solicitors For The Elderly.
Private Client Executive
Norwich, Wills, Trusts & Probate
Barbara is a Fellow of the institute of Paralegals and works in our Wills and Trusts department. She has a wide depth of experience in all aspect of Private Client work and acts for a broad range of clients with varying requirements and needs. Barbara has an excellent depth of knowledge and experience in dealing with Probate and the administration of estates; Court of protection and deputyships; trusts and advising the elderly. She joins after gaining considerable experience with another large firm of solicitors in Norwich.
Solicitor
Attleborough, Norwich, Wills, Trusts & Probate
Charlotte trained with Rogers & Norton and qualified as a Solicitor in November 2017. Previously, she graduated with a first class LLB Law degree from the University of East Anglia in 2014 and then gained a distinction for her Legal Practice Course at Cambridge BPP Law School.
Charlotte has experience in a wide range of private client work including Wills, Probate and Administration of Estates, and Lasting Powers of Attorney. She works alongside Wenke in the Attleborough office developing the firm’s private client offering. Charlotte has also trained as a dementia friend.
Probate Executive
Norwich, Wills, Trusts & Probate
Tracey began work in the legal profession at a local firm of Solicitors in 1979, dealing mainly with conveyancing matters. She joined the Private Client Department at Rogers & Norton in 2000, and has much experience in dealing with the administration of estates and all types of private client work. In 2005 Tracey obtained the Institute of Legal Executives Professional Higher Diploma in Law (Probate Practice). Tracey works closely with the other Lawyers in the Private Client Department, to ensure that all clients are given the best possible individual, professional and efficient service.