Private Client

Power of Attorney

Life can be unpredictable. A Power of Attorney ensures your affairs will be managed by someone you trust if you become unable to manage them yourself. At NewBold Solicitors, our team of experts can help you plan ahead, meaning you can rest assured knowing your affairs will always be in safe hands.
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Power of Attorney

Power of Attorney

Life is unpredictable and it is always wise to plan ahead. At NewBold Solicitors, our team of experts can help you ensure your legal affairs are taken care of by someone you trust if you become unable to do so yourself.

Circumstances may make it difficult for you to deal with your own affairs. This can occur for a number of reasons. You may be out of the country, temporarily hospitalised, or simply finding it stressful to manage without help. With our expertise, you can rest assured in the knowledge that your affairs will always be in safe hands, no matter what happens in your lifetime.

Who can be an attorney?

Your attorney is your choice, providing they have the mental capacity to fulfill the role. In other words, they are able to make decisions under The Mental Capacity Act 2005 (MCA). Attorneys can include your partner, a relative or friend.

However, in a lasting power of attorney (LPA), your attorney must be over the age of 18 and, if dealing with your property and affairs, may not be an undischarged or bankrupt.

Five Principles of The Mental Capacity Act (2005)
  1. All adults have the right to make decisions for themselves unless it is shown that they are unable to do so.
  2. People should be supported as much as possible to make their own decisions before anyone concludes that they can’t do so.
  3. People are allowed to make a decision that may seem unwise or strange. This person should not be treated as unable to make a decision because of this.
  4. If a person lacks capacity, any decisions or actions taken on their behalf must be taken in their best interests (unless they have made a relevant and valid decision in advance to refuse medical treatment).
  5. People who lack capacity should not be restricted unnecessarily.

GPA and LPA

There are two types of attorney: A General Power of Attorney (GPA) and A Lasting Power of Attorney (LPA).

GPA

A General Power of Attorney (GPA), also known as an ordinary power of attorney, is suitable for when you need to give rights to another person to deal with specific matters for a limited time e.g. if you are going to be out of the country.

However, a GPA can’t be used in cases where you need someone to act on your behalf because you are mentally incapable of doing these tasks for yourself. If this is the case, you will need an LPA.

LPA

A Lasting Power of Attorney (LPA) allows you to appoint one or more people to make decisions on your behalf during your lifetime if you become unable to do so yourself. You can create two types of LPA:
  • Property and Financial Affairs – This allows you to choose someone to make decisions about how to spend your money and the way your property and affairs are managed.
  • Health and Welfare – This allows you to choose someone to make decisions about your healthcare and welfare, including decisions to refuse or consent to medical treatment and deciding where you live.
At NewBold Solicitors, we can advise on the most appropriate Power of Attorney to suit your needs.

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How can NewBold Solicitors help you?

To make and register one LPA our charges are £395.00 plus VAT (£474.00 including VAT)

To make and register both types of LPA (‘Property and Financial Affairs’ and ‘Health and Welfare’) for you, or if you and your spouse / civil partner/partner would like us to make and register mirror LPAs (one type of LPA for both of you), we offer a discount and our fees for two LPA’s are £700.00 plus VAT (£840.00 including VAT) or for four LPA’s £1300.00 plus VAT (£1560.00 including VAT).

Please note that a registration fee for each LPA is chargeable by the Office of the Public Guardian which is currently £82.00.

What happens if there is no power of attorney?

If your loved one becomes mentally incapable of dealing with their own affairs, and they do not have a Power of Attorney in place, then we can assist you with Applications to the Court of Protection. This enables you to be appointed as a Deputy to deal with their affairs.

Court of Protection

The Court of Protection is a specialist court for all issues relating to people who already lack capacity to make specific decisions. The court will appoint deputies to make decisions in the best interests of those who lack capacity to do so.

We can help you navigate the three stage process:
  1. Application Phase – Completion of a number of different forms providing the court with specific detailed medical information, financial information and details about the proposed deputies.
  2. Notification Phase – A time critical phase where notice of the application has to be given to close relatives which are not involved.
  3. Administrative Phase – The final phase will be completion of the Guarantee Bond as stipulated by the Court.
We charge a fixed fee of £950.00 plus VAT (£1140.00 including VAT) for the work involved in a Deputyship Application.

Whatever your concerns, our personable and experienced team are here to ensure your legal affairs are looked after. Get in touch via our contact form or call us on 0330 123 1131.
Why NewBold Solicitors?
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