Power of Attorney

What is a Lasting Power of Attorney?

Most of us will have had the unfortunate experience of seeing a friend or relative through a physical or mental illness, when this happens, it is often difficult for the family or those seeking to care for the individual to pay outstanding bills or deal with the person’s finances.

If this situation arises, then an application has to be made to become a "Deputy" to that individual, and will need to be sent to the Court of Protection under the Mental Health Act 2005.

The Court of Protection is the body which exists to protect the financial interests of those who are, by reason of mental disorder, no longer capable of looking after their own affairs.

This can all be avoided by drawing up a Lasting Power of Attorney (LPA). Before the person who is suffering, is unable to decide upon who should look after their affairs.

An LPA is a legal document that allows you to choose someone that you can trust to make decisions about things such as finances and property on your behalf once it has become to difficult to make those decisions yourself, due poor mental health.

There are two different types of Lasting Power of Attorney, these are...

Property and Affairs LPA. This allows the Attorney or Attorneys to make decisions on the persons behalf about his or her property and affairs, including paying bills, collecting income and benefits or moving house. This type of LPA, does not allow for the Attorney to make any decisions about the welfare or care for the person. A Donor can appoint a Property and Affairs Attorney to manage their finances and property whilst they still have capacity as well as when they lack capacity.

Personal Welfare LPA. This allows the Attorney or Attorneys to make decisions on the persons behalf about their welfare, including giving consent for medical treatment and deciding where the person should live. These decisions can only be made if the person is incapable of making those decisions on their own, such as if suffering from onset dementia or mental illness. This Attorney does not have any power to decide what to do with the persons property or financial affairs.

Sometimes a person who makes an LPA can stipulate restrictions to ensure that the Attorney can or cannot do somethings on their behalf. It is often important to appoint more than one Power of Attorney, to ensure decisions that are within your best interests can be made as a group.

We recommend considering all the options when faced with the decision of making a Power of Attorney. It is worth taking the time to think about who you would feel comfortable with taking care of your finances, property and you if the worst should happen. Our solicitors offer impartial practical advice, and with a lot of experience in helping people faced with tough decisions such as these, we can make sure you get exactly what it best for you and your family.

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Mr Rains

2019-01-22T12:39:31+00:00

Mr Rains

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Mr Ward

2019-01-22T12:35:59+00:00

Mr Ward

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Ms Cooper

2019-05-16T11:55:00+00:00

Ms Cooper

You made a difficult task easy, thank you gold starts all round!

Friendly, Competent and Totally Professional

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Mr & Mrs Greensides

2019-05-16T11:32:08+00:00

Mr & Mrs Greensides

Will writing service was friendly, very competent and totally professional

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Miss Pearson

2019-05-16T11:36:23+00:00

Miss Pearson

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Mrs Woolley

2019-01-22T12:42:46+00:00

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2019-05-16T10:07:53+00:00

Mr Stones

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2019-05-16T11:50:50+00:00

Mrs Dyett & Mr Howard

Advise received was clear and friendly! Everything was dealt with efficiently and within our best interests 

Making my Will was made so easy

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Mrs Fergus

2018-11-12T14:28:45+00:00

Mrs Fergus

Making my Will was made so easy.

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Mrs Greaves

2018-11-12T12:57:58+00:00

Mrs Greaves

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Excellent Service Throughout


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2019-05-16T10:28:49+00:00

Mr Beetenson

Excellent service throughout

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Ms Hooley

2018-11-12T14:08:56+00:00

Ms Hooley

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2018-11-12T15:02:18+00:00

Mr Johnson

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2019-05-16T10:37:14+00:00

Ms Hood

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2019-05-16T11:07:39+00:00

Mr & Mrs Spencer

Everything was explained clearly, and service was friendly and professional. 

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I am very please with the service I received from you, just as I have in the past. You have approachable, friendly and professional staff from reception through to senior staff.

Mrs Lovatt

2019-01-23T14:43:37+00:00

Mrs Lovatt

I am very please with the service I received from you.

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2019-05-16T12:07:44+00:00

Mrs Riley

Efficient and friendly service. Explanations were given in an easy to follow and understanding manner. We were very happy with the service, and would be happy to recommend and use again!

Excellent and very informative

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Mrs Gill

2019-01-22T12:30:09+00:00

Mrs Gill

Excellent, very informative and pleasant to deal with.

Everything went smoothly

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2019-05-16T10:13:11+00:00

Mr & Mrs Horsfield

Impressed with the smoothness of the whole process

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First class as always. Service is always friendly, polite, professional along with good advise. Very satisfied with everything!

Mr & Mrs Swift

2019-05-16T12:12:14+00:00

Mr & Mrs Swift

First class as always. Service is always friendly, polite, professional along with good advise. Very satisfied with everything!

Very friendly, but still professional


Ms Walker & Mr Birchall

2019-05-24T12:01:59+00:00

Ms Walker & Mr Birchall

Always Impressed

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Miss Cassy

2019-05-16T10:23:21+00:00

Miss Cassy

I am always impressed. Thank you to Maddalena and the staff at the Gleadless branch for their help.

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The whole process was dealt with in a friendly and professional manner. In my experience the service was first cl;ass and not needing any improvement.

Mr Slater

2019-05-16T10:17:56+00:00

Mr Slater

The whole process was dealt with in a friendly and professional manner. In my experience the service was first cl;ass and not needing any improvement. 

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2019-05-16T12:16:26+00:00

Mr Stubbs

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Mrs Little

2019-01-22T12:31:58+00:00

Mrs Little

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Impressive All-Round Service


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2019-05-17T10:01:35+00:00

Mr & Mrs Wragg

Impressive All-Round Service

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Mr Morris

2018-11-12T14:29:43+00:00

Mr Morris

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2018-11-12T14:23:52+00:00

Mr Booler

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Mrs Booth

2019-05-16T10:31:28+00:00

Mrs Booth

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Meet the team

Taiba Choudhry - Solicitor - Wills & Probate - Property - Conveyancing - Abbeydale Road - Sheffield
Taiba Choudhry
Solicitor
Maddelana Proctor - Private Client - Gleadless - Sheffield
Maddalena Proctor
Gleadless Office Manager
Antony Exley - Probate Executive
Antony Exley
Probate Executive