Power of Attorney

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.

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.

What is a power of attorney?

A power of attorney is a legal document which allows you to nominate someone to make decision, and act on your behalf under circumstances where you are unable to make your own decision. This might be a temporary situation such as having to spend time in hospital, or a more long term situation such as the unfortunate case of loosing mental capacity.

What is mental capacity?

Mental capacity is the ability to fully understand and make your own decisions, and be aware of the outcome they will have.

Therefore if some has lost mental capacity, this means they cannot do at least one of the following:

  • Understand information being provided to them reading a decision they need to make
  • Remember the information long enough that they can make a decision
  • Understand the options they have to choose from when making a decision
  • Be able to clearly communicate the decision they have made

What types of power of attorney are available?

Ordinary power of attorney (POA)

This is suitable for covering decisions about financial affairs, whilst you still maintain mental capacity. This can be used for a temporary period, for example if you are in hospital or overseas; or if you struggle to get out and about. The power which you give to your attorney can be limited to only deal with certain assets, such as a bank account.

Lasting power of attorney (LPA)

This provides a legal authority to someone you trust to be able to make decisions on your behalf once mental capacity has been lost; or you no longer want to make your own decisions.

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 person’s 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 person’s 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 person’s property or financial affairs.

(Note: LPAs replaced Enduring power of attorney (EPA) in 2007. An EPA similar to a LPA and come into effect once mental capacity has been lost or when you want someone to act on your behalf. EPAs cover decisions regarding your property and finances. If you made and signed an EPA prior to October 1st 2007, it should still be valid.)

Who should I make my attorney?

An attorney has a very responsible and important role to play, which involves a considerable amount of power. It is essential you trust the person/people you choose; they could be a family member, close friend, spouse or partner, or even a professional such as a solicitor. It is also recommended that you make sure the person/people you have chosen feel comfortable with taking on this responsibility.

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.

Can I have more that one attorney?

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. These are known as ‘joint attorneys’, and you must decide how they make decisions regarding your affairs.

Jointly = they work together on all matter

Jointly and severally = they can act together or separately, as they choose

It is a good idea to detail which specific decisions they should act in either way. It is also worth considering appointing a replacement attorney, incuse one of your attorneys becomes unable to act on your behalf.

What if I don’t have a power of attorney?

If in the future you loose the ability to make or communicate your decisions, and you don’t have a valid lasting power of attorney (or enduring power of attorney) the Court of Protection will have to be involved. The Court can; decide if you have mental capacity to make your own decisions, make orders relating the decisions you can no longer make (health and care, property and finances), appoint a deputy to make decisions like an attorney would.

It is often assumed that if married or in a civil partnership, your spouse will automatically be able to make decisions on your behalf and deal with assets such as your finances, however this is not the case. If you have not made and named them in a valid lasting power of attorney, a Court of Protection application will need to be made; which we would be happy to help with.

Make an enquiry

Fields marked with * are required

Always Impressed

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

Miss Cassy

2019-05-16T10:23:21+01:00

Miss Cassy

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

A polite and caring service all the way through, from receptionist to solicitor


Mr & Mrs Williams

2019-06-25T12:04:04+01:00

Mr & Mrs Williams

Everything went smoothly

Impressed with the smoothness of the whole process

Mr & Mrs Horsfield

2019-05-16T10:13:11+01:00

Mr & Mrs Horsfield

Impressed with the smoothness of the whole process

Excellent and very informative

Yvonne Copley was excellent, very informative and pleasant to deal with. I don't think you can improve on excellence.

Mrs Gill

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

Mrs Gill

Excellent, very informative and pleasant to deal with.

Kind and Understanding


Mrs Senior

2019-07-04T11:33:06+01:00

Mrs Senior

Clear, Friendly, Efficient Advise

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

Mrs Dyett & Mr Howard

2019-05-16T11:50:50+01:00

Mrs Dyett & Mr Howard

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

Efficient and clear

Very efficient and clear.

Mr Ward

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

Mr Ward

Very efficient and clear.

Excellent service throughout, friendly and professional


Miss Arblaster

2019-07-18T09:10:38+01:00

Miss Arblaster

Friendly and Clear

Impressed with the friendliness and clarity of information provided. Felt comfortable in asking questions if I didn't understand legal terms.

Ms Fairclough

2019-09-02T10:27:32+01:00

Ms Fairclough

Impressed with the friendliness and clarity of information provided. Felt comfortable in asking questions if I didn't understand legal terms.

Friendly, Courteous and Understanding


Ms Thwaite

2019-07-15T11:14:56+01:00

Ms Thwaite

Understanding, Helpful & Efficient

Impressed with the very understanding, helpful and efficient staff

Ms Hood

2019-05-16T10:37:14+01:00

Ms Hood

Impressed with the very understanding, helpful and efficient staff

Patience and Understanding

Yvonne's patience and understanding was very much appreciated.

Mr Morris

2018-11-12T14:29:43+01:00

Mr Morris

Patience and understanding was very much appreciated.

Friendly & Approachable

I was nervous about the Will making process but I need not have been, as staff were so friendly and approachable, I was put completely at ease

Mrs Misiukanis

2019-05-29T09:55:21+01:00

Mrs Misiukanis

I was nervous about the Will making process but I need not have been, as staff were so friendly and approachable, I was put completely at ease

Very patient

Maddalena Proctor came to see me and helped me a great deal as I had no idea about Wills. She explained all the details and was very patient with me.

Mrs Greaves

2018-11-12T12:57:58+01:00

Mrs Greaves

Maddalena Proctor explained all the details about Wills and was very patient with me.

Kind and helpful

I was apprehensive about discussing my Will, but I was soon put at ease by Maddalena. I reviewed my Will recently, and again she was so kind and helpful.

Mrs Woolley

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

Mrs Woolley

Maddalena was so kind and helpful.

Working with a smile

You made me feel comfortable and I was impressed you were working with a smile.

Mrs Little

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

Mrs Little

I was impressed you were working with a smile.

Wonderful, Chatty and Helpful Staff


Mr & Mrs Jones

2019-07-03T09:12:08+01:00

Mr & Mrs Jones

Excellent Service

Thank you for helping me recently. Excellent service from opening the door right up to drafting and filing. I've been in many law firms all over and never had this level of customer service. All the best.

Mr Johnson

2018-11-12T15:02:18+01:00

Mr Johnson

Excellent service from opening the door right up to drafting and filing.

Approachable and Knowledgeable

Very satisfied with the outcome of the work, Anthony was very approachable and knowledgeable, and provided very good down to earth advice

Mrs Brook

2019-07-03T09:56:07+01:00

Mrs Brook

Very satisfied with the outcome of the work, Anthony was very approachable and knowledgeable, and provided very good down to earth advice

Clear, Professional, Friendly Service

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

Mr & Mrs Spencer

2019-05-16T11:07:39+01:00

Mr & Mrs Spencer

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

Friendly, Competent and Totally Professional

Will writing service was friendly, very competent and totally professional

Mr & Mrs Greensides

2019-05-16T11:32:08+01:00

Mr & Mrs Greensides

Will writing service was friendly, very competent and totally professional

Approachable, Friendly & Professional

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+01:00

Mrs Lovatt

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

First Class as Always

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+01:00

Mr & Mrs Swift

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

Clear & Understandable Explanation

Good advice and service! Everything was explained clearly and understandably

Mr & Mrs Ellis

2019-05-28T12:04:57+01:00

Mr & Mrs Ellis

Good advice and service! Everything was explained clearly and understandably

Excellent quality of service

Impressed with the excellent quality of service

Mr Stones

2019-05-16T10:07:53+01:00

Mr Stones

Impressed with the excellent quality of service

So Good

The service was SO GOOD, I don't see how it could be bettered.

Mr Booler

2018-11-12T14:23:52+01:00

Mr Booler

The service was SO GOOD.

Impressive All-Round Service


Mr & Mrs Wragg

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

Mr & Mrs Wragg

Impressive All-Round Service

Excellent Service Throughout


Mr Beetenson

2019-05-16T10:28:49+01:00

Mr Beetenson

Excellent service throughout

Professional

Everything was dealt with in a very professional way

Mr & Mrs Lindley

2019-08-14T10:10:08+01:00

Mr & Mrs Lindley

Everything was dealt with in a very professional way

Friendly, Efficient & Clear


Mrs Dunne

2019-05-29T09:41:16+01:00

Mrs Dunne

I was Listened to Carefully

I was listened to carefully and my requests were adhered to professionally, thank you.

Mrs Booth

2019-05-16T10:31:28+01:00

Mrs Booth

I was listened to carefully and my requests were adhered to professionally, thank you. 

Pleasant and Professional Staff

Impressed with the pleasant attitude of staff and Maddalena's professionalism!

Mrs Ledger

2019-06-03T11:06:26+01:00

Mrs Ledger

Impressed with the pleasant attitude of staff and Maddalena's professionalism!

Very friendly, but still professional


Ms Walker & Mr Birchall

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

Ms Walker & Mr Birchall

Friendly, Professional & Really Listened

The service received was both friendly and professional, and I was really listened to. Thank you for such a helpful and friendly service; I was pleasantly surprised with the low cost too.

Mrs Davies

2019-05-29T09:59:28+01:00

Mrs Davies

The service received was both friendly and professional, and I was really listened to. Thank you for such a helpful and friendly service; I was pleasantly surprised with the low cost too.

Excellent customer service, would recommend without hesitation


Mr Gower

2019-07-16T12:02:49+01:00

Mr Gower

Would be Happy to Recommend

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!

Mrs Riley

2019-05-16T12:07:44+01:00

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!

Made a Difficult Task Easy

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

Ms Cooper

2019-05-16T11:55:00+01:00

Ms Cooper

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

Friendly and Professional

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+01:00

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. 

A Country Mile

I was particularly impressed with the greeting and welcome I received on my very first visit. I had called into three solicitors on Regent Street that day and yours was a 'country mile' better welcome than any of the others. Friendly, smiling, welcoming, down to earth and kind reception staff. This was the reason I chose your firm.

Ms Hooley

2018-11-12T14:08:56+01:00

Ms Hooley

Friendly, smiling, welcoming, down to earth and kind reception staff.

Incredibly Helpful and Understanding

Received very knowledgeable and excellent service throughout, incredibly helpful and understanding, thank you! Would recommend for sure!

Miss Pearson

2019-05-16T11:36:23+01:00

Miss Pearson

Received very knowledgeable and excellent service throughout, incredibly helpful and understanding, thank you! Would recommend for sure!

Polite and respectful

Thank you for being polite to us. You were very respectful. There is nothing I could add to the excellent service.

Mr Rains

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

Mr Rains

There is nothing I could add to the excellent service.

Making my Will was made so easy

The making of my Will was made so easy for me - I should have done this long ago.

Mrs Fergus

2018-11-12T14:28:45+01:00

Mrs Fergus

Making my Will was made so easy.

Friendly Staff

Impressed with the friendliness of the staff

Ms Mason

2019-06-25T11:56:35+01:00

Ms Mason

Impressed with the friendliness of the staff

Compassionate

Many thanks for your compassion in dealing with our case

Mr Stubbs

2019-05-16T12:16:26+01:00

Mr Stubbs

Many thanks for your compassion in dealing with our case

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