The thought of losing mental capacity in the unforeseeable future is concerning and often emotional, particularly being unsure as to what will happen to you and any decisions about your health and finances. Thankfully, our Power of Attorney solicitors in Bognor Regis can help.
A Power of Attorney is where you can appoint a trusted person or persons to make decisions about finances and health on your behalf should you unfortunately lose mental capacity.
At SMR Solicitors, we recognise how difficult a conversation about the future can be, but also the sheer importance of it. When you choose to instruct our solicitors, we will provide sensitive advice and guidance on the process, making sure you are fully aware of the agreement you are entering.
The team have an in-depth knowledge of the different types available, in addition to the limitations and benefits. We can also provide assistance to deputies on their duty and responsibility.
Our team of Power of Attorney solicitors in Bognor Regis can provide specialist expertise on matters, including:
- Discussing your needs and advising you in respect of the different types of LPA
- Drafting a health and welfare LPA and/or a property and financial affairs LPA tailored to your specific requirements
- Ensuring that those who need to know about the LPA are notified
- Advising you in respect of registration of your LPA
- Registering your LPA with the Office of the Public Guardian
- Liaising with the Office of the Public Guardian and replying to their enquiries as necessary
- Drawing up and filing a deed of revocation of an LPA
- Advice for attorneys who will be using an LPA
At SMR Solicitors, we believe everyone should rightfully have access to legal advice, and that’s why we offer flexible funding arrangements to suit everyone no matter their circumstances.
For more information about our services, see Power of Attorney Solicitors.
Our Power of Attorney services in Bognor Regis
Power of Attorney legal advice
Prior to making a decision as to whether to appoint a Power of Attorney, it’s crucial to understand exactly what a Power of Attorney is and the types of Powers of Attorney available, in addition to what duties and responsibilities they will have along with the benefits and limitations.
If you do decide to create a Lasting Power of Attorney in Bognor Regis, we can also help you choose a person or persons to be appointed as your LPA. It’s important to select people you trust; this is often a family member or close friend.
Drafting a Power of Attorney
Our solicitors have assisted many individuals in making big decisions concerning the unforeseeable future and can support you through yours, including drafting a Power of Attorney document and registering it with the Office of the Public Guardian.
Working with our Lasting Power of Attorney solicitors can provide confidence and reassurance that everything has been done correctly and with your best interests at heart. We will never let you sign a document you are not completely comfortable with.
Advice for attorneys
Being appointed as an attorney can often feel daunting and emotional, especially if the person you are making decisions on behalf of is a close friend or family member, but our solicitors can help provide specialist advice and practical guidance. We’ll ensure you fully appreciate what is required of you.
Speak to our Power of Attorney solicitors in Bognor Regis
To discuss your requirements and find out how we can help, please get in touch to speak to one of our Power of Attorney lawyers in Bognor Regis.
Power of Attorney explained
What are Lasting Powers of Attorney?
There are two types of Lasting Powers of Attorney:
- Financial affairs lasting power of attorney and health
- Welfare lasting power of attorney
An LPA is used when a person has lost mental capacity to make decisions concerning themselves, including decisions on property, finances, health, and welfare. An LPA allows an attorney or multiple attorneys to make these decisions on their behalf.
Can you have two Powers of Attorney?
There is no limit as to how many Powers of Attorneys you can have. However, it is recommended to have between one and four attorneys.
What are the different Powers of Attorney?
Lasting Power of Attorney for property and finances
An LPA for property and finances is used when someone does not have the mental capacity to make important decisions concerning their property and finances. The LPA provides the attorney with the authority to manage it on their behalf.
Lasting Power of Attorney for health and welfare
An LPA for health and welfare is used when someone loses the mental capacity to make important decisions regarding their health and welfare. The LPA provides the attorney with the authority to make these decisions on their behalf.
General Power of Attorney
A General Power of Attorney is only used when certain tasks need carrying out that don’t require an LPA. A GPA can only be obtained when someone does have mental capacity, but they need further assistance in other areas of their life, such as going to the bank because they have any injury which prevents them from doing so.
Enduring Power of Attorney
A Lasting Power of Attorney for property and finance was once known as Enduring Power of Attorney (EPA) until it was replaced on 1 October 2007. Any EPA made prior to the change can still be used so long as it’s valid.
If you need help with your Enduring Power of Attorney in Bognor Regis, our solicitors for Power of Attorney can provide expert assistance, including determining whether your EPA still applies.
What happens if attorneys disagree?
If attorneys do not agree on a decision, disputes may arise, though this can cause problems there are a number of things that can be done, including:
- If the donor still has capacity, they can choose to remove an attorney
- Making a complaint to the OPG
- ADR methods or court proceedings to remove an attorney
Depending on the way the Power of Attorney has been drafted, attorneys may have the right to act independently of each other or they may need to agree on any decisions. This can affect how a dispute plays out, but it is always best if attorneys can agree as this minimises conflict and is normally in the best interests of the person being supported.
What powers does a power of attorney have?
Power of attorneys have a number of different powers, these will be set out within the Power of Attorney document, specifying exactly what they are authorised to do, and this usually depends on the type of Power of Attorney they are.
Generally, a property and financial Lasting Power of Attorney will have the power to:
- Sell property
- Buy property
- Rent out property
- Maintain and repair the donor’s home
- Manage the donor’s bank account
- Paying bills
- Manage investments
- Purchase items
Generally, a health and welfare Lasting Power of Attorney will have the power to:
- Decide where the donor will primarily live
- Make medical treatment decisions
- Decide on their daily care
- Make decisions concerning life sustaining treatment
Our Bognor Regis Power of Attorney solicitors’ fees
At SMR Solicitors, we believe in complete transparency and fairness with our legal fees. That’s why from the start of the legal process, you will be made fully informed of the expected costs through an estimated quote. This helps you make a fully informed decision on whether to move forward.
Matters which are more straightforward may be able to be charged on a fixed fee basis. What this means is the price is arranged prior to any work being carried out and will not change unless your requirements do.
If your Power of Attorney matter is more complicated and requires additional legal support and expertise, we may need to charge an hourly rate for our services.
If you are interested in learning more about our Power of Attorney fees, please don’t hesitate to contact a member of our team.
Speak to our solicitors for Power of Attorney in Bognor Regis
To discuss your requirements and find out how we can help, please get in touch to speak to one of our Lasting Power of Attorney solicitors in Bognor Regis.