Power of Attorney

There are many occasions when you may need a Power of Attorney (POA) or Lasting Power of Attorney (LPA).

Many people believe that if they lose capacity, their spouse or family automatically has the authority to deal with their financial affairs, and health and welfare decisions. Unfortunately, that is not the case. In order for the family to have decision-making and financial authority, a Lasting Power of Attorney is necessary.

Preuveneers LLP are experienced in making all types of Powers of Attorney, we’ll provide clear, practical advice and handle all the paperwork on your behalf, giving you peace of mind that your future affairs will be managed according to your wishes.

How Can We Help?

A Power of Attorney lets someone you trust make decisions for you.

• The person making the POA is called the donor.
• The person appointed is called the Attorney.

Your Attorney can act on your behalf in dealings with banks, councils, and other organisations. POAs are useful if you:

• Are going abroad and want someone to manage your affairs while away.
• Have important matters to deal with but cannot be present.
• Are unwell or have a disability that prevents you from acting.
• Want someone to make decisions about your care, treatment, or where you live.

Types of Power of Attorney

1. General Power of Attorney

• Suitable for short-term appointments. Assumed revoked after 12 months unless the assumption is rebutted.
• Becomes invalid if you lose mental capacity.
• Often used when travelling abroad or temporarily unavailable.
• Price: £125 plus VAT (ID and proof of address required).

2.Lasting Powers of Attorney (LPA)

There are two types of LPA:

a) Property and Financial Affairs LPA

Allows your Attorney to manage financial matters, including:

• Buying or selling property
• Managing bank and financial accounts
• Handling benefits or tax credits
• Paying debts and managing investments

Key points:

• Can be used immediately after registration if you consent.
• Can be limited to specific powers if you prefer.

b) Health and Welfare LPA

Allows your Attorney to make decisions about your personal care, including:

• Where you live
• Daily care (what you eat, wear, etc.)
• Healthcare treatment
• Contact with family or friends
• Life-sustaining treatment

Key points:

• Can only be used once you lose mental capacity.
• Can cover all aspects of welfare or only certain decisions.

Important: LPAs must be registered with the Court of Protection before they are valid. Once registered, they continue even if you lose mental capacity, unless you revoke them. You can revoke an LPA at any time provided you still have mental capacity. A POA does not allow your Attorney to amend of cancel your Will.

Choosing Your Attorney

• Choose someone you trust completely.
• Attorneys must act in your best interests and follow your instructions taking into account any preferences.
• They must be over 18.
• Their decisions are guided by the Mental Capacity Act 2005 and MCA Code of Practice: Mental-capacity-act-code-of-practice.pdf

Step-by-Step Guide to Setting Up an LPA

1. Meet with a Solicitor at Preuveneers LLP – Bring your ID (Passport or Driving Licence) and proof of address.
2. Complete the LPA forms – We explain each section clearly and ensure that each part is correctly signed by all parties. If your Attorney is not present for the meeting we will contact them about signing the same.
3. Certificate of capacity – Confirms you have mental capacity. This can be completed by a Solicitor at Preuveneers LLP, a GP, or a trusted friend.
4. Register with the Court of Protection – We handle the registration process for you.
5. Receive the original document – You can then give it to your Attorney to use when needed. We will also provide certified copies so you can lodge them with third parties as well as the Court of Protection providing a code which can be shared electronically.

Fees

The current registration fee for an LPA with the Court of Protection is £82.

Our fees start from £450 + VAT for a single LPA.

For more information about fees and disbursements, please contact us on 020 8646 4885 or email legal@p-llp.net.

Deeds & Other Documents

We can prepare all types of deeds and other Documents in accordance with your instructions. You may need us to prepare a;

• Change of Name Deed Poll;
• Affidavits;
• Statements of Truth;
• Statutory Declarations;
• Or any other type of Documents.

The preparation of these tailormade documents start from £125 plus VAT. However, once we know what document you require we will confirm a price to you.

To request a quote or find out more about Preuveneers LLP, please either attend our office, call on 0208 646 4885 or email us at Legal@p-llp.net.