Powers of Attorney

Powers of Attorney

Powers of Attorney

What is a Lasting Power of Attorney?

There may come a time when, because you are incapable of managing your property and financial affairs or personal welfare, you will need someone to do this for you. You can formally appoint a friend, relative or professional to hold a lasting power of attorney that will allow them to act on your behalf.

Lasting Power of Attorney (LPA) in England & Wales

  • A lasting power of attorney is a legal document that lets you appoint someone you trust as an ‘attorney’ to make decisions on your behalf.
  • It can be drawn up at any time while you have capacity, but has no legal standing until it is registered with the Office of the Public Guardian.
  • A registered LPA can be used at any time, whether you have the mental ability to act for yourself or not.

You can create two types of LPA:

Property and Affairs LPA

A Property and Affairs LPA allows you to choose someone to make decisions about how to spend your money and the way your property and affairs are managed.

Personal Welfare LPA

A Personal Welfare LPA allows you to choose someone to make decisions about your healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf and deciding where you live. These decisions can only be taken on your behalf when the LPA is registered and you lack the capacity to make the decisions yourself.

Deputyship Orders:

When are they needed?

When your loved ones do not have the mental capacity make their own decisions and if there is no Lasting Power of Attorney or Enduring Power of Attorney in place, then to enable you to handle their affairs you will need to apply to the court for a DEPUTYSHIP order.

There are two types of deputyship applications that can be made: 

  • for decisions about property and financial affairs
  • for decisions about health and personal welfare

The proposed Deputy will need to complete a set of application forms which will then need to be submitted to the Court of Protection together with a medical report from a GP confirming your loved one’s mental incapacity. On most occasions a court hearing is not required provided that there are no objections from relevant third parties. Once granted you usually will need to obtain a security bond for protection against any financial loss when acting as a deputy. The Court of Protection will charge an annual supervision fee dependent on the level of supervision they consider necessary. Our fees and the court fees are normally recoverable from the funds of your loved one once an order is made.

At Kim Betts & Co, we are able to deal with the application process for you with compassion, humility, understanding and patience. We recognize that it can be difficult and intimidating time for you. We offer a professional, reliable service tailored to your individual circumstances.

Ordinary Powers of Attorney

There are Ordinary Powers of Attorney that deal with one-off events such as selling a property whilst you are abroad. These are not made for long term situations. They will usually last a year or less in time. These can be drafted for you to deal with any situations when you are out of the country and need someone to be in the UK to sign on your behalf at your direction.

Cost of Lasting Powers of Attorney

The cost for Lasting Powers of Attorney is £350 plus VAT, for attendance at the office and the registration fee is in addition.

Need A Consultation?

Do you have a legal matter which is troubling you? Perhaps you need some advice on a property? Maybe you have an elderly parent who wants to make plans for their future?

Kim Betts & Co can advise you on a range of legal matters.

From Our Clients

At Kim Betts & Co our clients always come first, so we are always delighted to hear back from them, whatever they have to say! Here are a few reviews left from previous clients.

Kim Betts & Co

At a very stressful time, Kim really helped me. Taking care of the sale of my house in tricky circumstances. Kim and team were always on hand, easy to get hold of and super professional. Completely unfazed by any issues and alway able to find a solution. I was so happy with the service, it’s nice to be treated respectfully especially for me with little knowledge of the process, I felt at ease knowing Kim is always on top of things along with her friendly team.”

Rowena Preiss

“Kim and her team were amazing!!!! I’d been told they were slow by estate agents and would hold up our sale but on the supposed day of exchange she was the only one ready!!!!! Couldn’t recommend them enough and was half the price of others.”

Kerry Witchell

We used Kim for the conveyancing of our recent house sale and purchase. The service we received was excellent: easy communication, efficient, fast response to questions and all issues that arose in both the sale and purchase were quickly and effectively resolved. She also provided a quick and efficient will service for us both, providing clear and simple advice to help us sort out a mutual will. Would not hesitate to recommend her service.

Chris Moisan

Kim Betts & Co

231A High Rd
Loughton
IG10 1AD

Tel: 020 8508 5505

Email: office@kimbetts.co.uk

Office Hours
9:30am to 5pm Monday to Friday
closed from 1–2pm for lunch

VAT registration number 645 9297 91

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This firm is regulated by the Solicitors Regulation Authority number 258807