Power of Attorney and Deeds
There are many occasions when you may require a Power of Attorney or a Deed of some type to be prepared on your behalf. We can prepare these documents for you in accordance with your instructions. We
do not use standard precedents and instead offer a bespoke document suited for your purposes.
LASTING POWER OF ATTORNEY
These are widely used to cater for circumstances where someone is not available and would needs to appoint somebody they trust to make decisions on their behalf, as they would. You may want a Power of attorney if you are going abroad for some time so that somebody else can look after your affairs whilst you are away. You may be going away for a short time but have some important business coming up and don’t want to miss out. You may be a company who wants to appoint a staff member to secure a deal without the directors being present. You may be unwell and thus you want somebody else to be able to deal with your affairs when and as you are not capable of doing so yourself, be it due to physical disability or mental illness. This list goes on and on...
We have detailed some of the various Powers of Attorney that are available below
General Power of Attorney
These can be used in almost every situation. However they are invalid if you lose your mental capacity and may be considered revoked after 12 months unless evidence to the contrary is provided. They are therefore best used for short term appointments such as executing documents on your behalf while you are abroad.
We can prepare a General Power of Attorney for £ 80 plus VAT. To do so we will need to see ID in the form of your original Passport or Photo Driving Licence with Counterpart and we will need to see proof of your address by way of a recent bank statement or recent utility bill. If you do not have the correct ID please call us in advance so that we can arrange for alternative documents to complete the ID check
Lasting Powers of Attorney
There are two types of Lasting Powers of Attorney. The first is a Property and Affairs Lasting Power of Attorney and the second is a Personal Welfare Power of Attorney. Lasting Powers of Attorney are not valid until they are registered with the Court of Protection. However once registered they will continue, unless revoked, even if one loses their mental capacity.
As these Powers continue after one has lost their mental capacity it is imperative to ensure that your Attorney or Attorneys’ are happy to act for you and will act in accordance with your instructions. They should be someone you closely trust.
To prepare the Lasting Power of Attorney you will need to meet one of our solicitors and you will need to bring your ID with you. We will need to see your original Passport or Photo Driving Licence with Counterpart and we will need to see proof of your address by way of a recent bank statement or recent utility bill. If you do not have the correct ID please call us in advance so that we can arrange for alternative documents to complete the ID check.
We can then complete the necessary forms with you, which we will explain to you during our meeting. To complete the Power you will need someone to sign a certificate of competency for you. If we believe we are able to do so we can complete the certificate on your behalf. If not you could choose a friend who has known you for at least two years or someone who can identity you and is acting in a professional capacity, such as your GP. The Certificate provider must state that they believe you have full mental capacity at that date, in order to sign this document.
- 1 - Buying and Selling Property
- 2 - Shared Ownership Properties
- 3 - Commercial Property
- 4 - Buying at Auction
- 5 - Remortgages & Transfers of Equity
- 6 - Equity Release Matters
- 7 - Family & Matrimonial Matters
- 8 - Wills
- 9 - Probate
- 10 - Company Commercial
- 11 - Civil Litigation
- 12 - Compromise Agreements
- 13 - Employment
- 14 - Landlord and Tenant
- 15 - Powers of Attorney and Deeds
- 16 - Administration of Oaths
Once the forms have been completed we will arrange for them to be registered with the Court of Protection.
Please note that it is a requirement of the Lasting Powers of Attorney that at least one other person be advised of your application. This is to prevent unscrupulous people taking advantage of any one in a compromised situation.
Once the Power has been registered we will then provide you the original document for you to hand over to your Attorney as and when you wish.
Property and Affairs Lasting Powers of Attorney are designed to deal with your financial and property affairs only.
Personal Welfare Power of Attorney are designed to deal with your Health and Welfare matters. You will only need this type of Power if you are appointing an Attorney who is not your Next of Kin. If you become unwell and are unable to make decisions for yourself, your Next of Kin will have the authority to make decisions on your behalf, such as to place in you in a care home or hospice. If you would prefer that these decisions are taken by someone who is not your Next of Kin, you will need this Lasting Power of Attorney. The procedure is then the same as that for the Property and Affairs Lasting Power of Attorney.
Our charge is £ 450 plus VAT to prepare either a Property and Affairs Lasting Power of Attorney or a Personal Welfare Power of Attorney. The Court Fee is £ 130 (No VAT) for each Lasting Power of Attorney, unless you can apply for this to be dispensed with. If you would like us to be your Certificate provider, then there will be an additional fee payable of £ 100 plus VAT for one power, £150 plus VAT for the two.
Our charge for both the Property and Affairs Lasting Power of Attorney and the Personal Welfare Power of Attorney, is £ 650 plus VAT. The Court fee will need to be paid in duplicate and as such is £ 260 (No VAT).
DEEDS AND OTHER DOCUMENTS
We can prepare all types of deeds and other Documents in accordance with your instructions. You may need us to prepare a;
The preparation of these tailor made documents will usually cost £80 plus VAT. However, once we know what document you require we will confirm a price to you.
To request us to prepare a Power of Attorney, please attend either office, or call on 0208 646 4885 or email us at Legal@p-llp.net.