Success for Rogers and Norton’s Contentious Probate Team
A recent case saw our clients, brothers of the deceased, subjected to a claim for the entire estate by a…
Power of Attorney
Helping you to plan for your future.
What is a Lasting Power of Attorney?
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.
What will my LPA cover?
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.
Who shall I appoint as my Attorney?
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.
What is the process of putting in place an LPA?
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.
How much will it cost to put in place a LPA?
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.
Where can you see me to take my instructions?
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.
What if I already have an Enduring Power of Attorney in place?
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.
What if I want to assist a loved one and they have lost capacity?
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.
What our clients say
All staff show high level of care and understanding particularly at times of emotional vulnerability such as when dealing with the estates of the deceased, probate etc.
Mrs W / Watton
Very business-like, clear & easy to understand. Friendly & respectful. Matter promptly dealt with & concluded.
Mrs L / Thetford
Laura made a very stressful situation much more bearable. She is patient and sensitive to our needs.
Mrs W. / Norwich
Calm professional manner made the process easy. I never felt rushed the atmosphere was relaxed.
Mrs H. / Norwich
Totally professional at all times and always phoned / emailed back if necessary.
Just to say thank you for everything you have done for me and my family other the past 3 years !
Miss R / Dereham
Excellent overall service, am very pleased with all aspects of service.
Mr B. / Norwich
A good experience and we have confidence that our affairs were dealt with professionally.
C. D. / Norwich
Barbara was very kind & helpful but also very professional. She explained things in an understanding way which was appreciated.
Mrs S / Norwich
Overt efficiency making the potentially incomprehensible comprehensible.
The mystique was translated into clarity and the purpose simplified.
Mr & Mrs H. / Norfolk
Charlotte was very professional in her manner & knowledge, explaining everything clearly to us, and was very pleasant and friendly!
Mr & Mrs D / Attleborough
Special thanks for your kind and considerate handling of what to me was very complicated and involved documentation which you explained excellently so that even I understood it.
I will be pleased to recommend you to anyone as a 1st class solicitor.Barbara took time to explain things in a way that was easily understood (no legal speak).
Mrs R / Aylsham
Barbara was superb at explaining all my questions – highly recommend her qualities and knowledge.
H.T. / Norfolk
Professional, warm, friendly and everything she promised she delivered within the set time constraints.
Mr M / Norfolk
Related pages
Deputyship
If you should lose mental capacity and are unable to deal with your own affairs, either because of an accident…
Tax and Estate Planning
As well as reviewing your Will, or making a Will for the first time, we feel that consideration must also…
Wills and Trusts
A recent survey showed that two-thirds of adults do not have a Will. In the event that you die without…
Administration of Estates
Help and support when you need it most.
Legal update for Wills/Powers of Attorney during Covid-19 period
Solicitors dealing with the execution of Wills are considered key-workers by the government, this means we can continue to carry…
Change to Statutory Legacy
The statutory legacy was first introduced in 1925 and is an amount that a surviving spouse or civil partner is…
