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Power of Attorney & Mental Capacity

Solicitors specialising in dealing with power of attorney & mental capacity

Lasting Powers of Attorney

Issues about mental incapacity have become more prevalent in recent years.

For a person who has full capacity, a Lasting Power of Attorney (LPA) can be used to appoint a person, or persons, to look after their property and affairs in the event that they lose this capacity. LPAs can also be used to allow welfare decisions, such as residence and medical decisions, to be made on their behalf, if they wish. The LPA can be limited in a number of ways to ensure that the Power of Attorney can only be used if you are unable to make your own decisions.

Why choose us?

We have a great deal of experience and expertise in drafting Powers of Attorney. Dermot Kirkwood, the head of the Team, has more than 25 years’ experience in the field of powers of attorney and is a member of the Society of Trust and Estate Practitioners (STEP) and Solicitors for the Elderly.

Our service

We will:

  • Provide you and your attorneys with guidebooks explaining how each type of LPA works and what they may be used for
  • Discuss with you which LPA would be appropriate for your situation
  • Discuss who should be your attorney and what powers or restrictions on their powers may be suitable
  • Arrange for the LPA to be signed and witnessed by all parties
  • Arrange for the necessary certificate confirming capacity, understanding and absence of undue influence to be completed
  • When required, apply to the Office of the Public Guardian to register the LPA so that it becomes effective.

How much will it cost?

We understand that the cost of making an LPA will be important to you. Our costs will be:

  • For one LPA - £493.00 (plus VAT)
  • For one Property and Affairs LPA and a Welfare LPA for the same person - £651.00 (plus VAT)
  • For one LPA each for spouses or partners - £651.00 (plus VAT)
  • For one Property and affairs LPA and a Welfare LPA each for spouses or partners - £861.00 (plus VAT)

We guarantee that you will not be charged more than this without your written agreement.

Court of Protection

Where a person has lost mental capacity without having executed a Power of Attorney, an application may be required to the Court of Protection (COP) to allow someone (usually a family member) to deal with his or her property and affairs (COP does not get involved with welfare decisions ). The person appointed is called a 'Deputy'. As this is a formal Court application the procedures are quite detailed.

Generally Deputies will not be paid for their duties, other than 'out of pocket' expenses.

Why choose us?

We have a great deal of experience and expertise in Court of Protection applications. Dermot Kirkwood, the head of the Team, has more than 25 years’ experience in the field of Court of Protection applications and has been acted as a professional deputy. He is a member of the Society of Trust and Estate Practitioners (STEP).and Solicitors for the Elderly

Our service

We will:

  • Complete all of the forms needed to appoint the Deputy
  • Arrange for the certificate, which is necessary in all cases, to be completed by the correct medical practitioner
  • Lodge the application at the court
  • Serve the required notices on family members and any other relevant person
  • Obtain the order with formal copies for you to use.
  • Advise you with regard to any terms in the order.

Once the Deputy has been appointed the Office of the Public Guardian (OPG) oversees their actions.

We will:

  • Help complete the annual accounts often required by the OPG
  • Help with applications for a Will or any other special application for the incapable person where appropriate.

How much will it cost?

We understand that the cost of making an application to COP will be important to you. Where we are employed by a Deputy to carry out work in connection with their duties the costs involved in the applications to COP and dealings with the OPG are paid from the incapable person's assets. The OPG sets down fixed costs which we may accept or, where the work exceeds fixed costs, they may be agreed with the Deputy or assessed by COP. Where appropriate, we will agree to accept the fixed costs provided by COP.

Contact us now if you would like to discuss your matter by completing our no obligation online enquiry form. Alternatively you can call us direct on 0191 5666500 or request a call back.