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.

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+00:00

Mr Johnson

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

Patience and Understanding

Yvonne's patience and understanding was very much appreciated.

Mr Morris

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

Mr Morris

Patience and understanding was very much appreciated.

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+00:00

Mrs Fergus

Making my Will was made so easy.

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+00:00

Mrs Greaves

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

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+00:00

Ms Hooley

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

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+00:00

Mrs Lovatt

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

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+00:00

Mr Rains

There is nothing I could add to the excellent service.

So Good

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

Mr Booler

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

Mr Booler

The service was SO GOOD.

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+00:00

Mrs Little

I was impressed you were working with a smile.

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+00:00

Mrs Woolley

Maddalena was so kind and helpful.

Efficient and clear

Very efficient and clear.

Mr Ward

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

Mr Ward

Very efficient and clear.

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+00:00

Mrs Gill

Excellent, very informative and pleasant to deal with.

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