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Wills, Trusts & Estates

Powers Of Attorney

If you’re worried about losing the ability to manage your own affairs in the future, you may want to consider making a Lasting Power of Attorney (LPA). This means you appoint someone else to make decisions on your behalf if you lose mental capacity.

These could be decisions about:

  • How to manage your finances
  • What happens to your business, if you’re a business owner
  • Your health and welfare
  • The type of medical care and treatment you receive
  • What happens if you have to move into a care home.

Making a Power of Attorney gives both you and your family peace of mind for the future. They’ll know what you want if anything happens to you, and you’ll know your wishes will be respected.

Our solicitors have helped thousands of people make and register LPAs. We often act as attorneys too. We can provide specialist advice tailored to your specific needs and make sure your estate and welfare is protected for the future.

We also offer an Attorneyship Support package if you're acting as someone's attorney yourself. For a fixed fee, we'll help you understand your role and responsibilities, and guide you through the tasks you need to complete. Find out more about the Attorneyship Support package

Call us today on 0370 1500 100, or use our online form and we’ll call you back.

Advise on how Powers of Attorney can be used abroad
Offices in 14 location across the UK
Advice on both financial and welfare LPAs
Act as attorneys for property or financial issues to avoid family tensions

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  • Stewart Stretton-Hill
  • Senior Associate Solicitor
Meet the team
Power of Attorney - More Information
    • Who Should I Choose To Be My Attorney?
    • You can choose anyone to be your attorney, as long as they:

      • Are over 18
      • Have mental capacity.

      Who you choose is a very personal decision. It could be:

      • Your spouse or partner
      • A friend or relative
      • A professional, such as a solicitor.

      Whoever you choose, it should be someone you trust, who you know will respect your wishes and be comfortable making decisions on your behalf.

      Your attorney doesn’t have to live in the UK or be a British citizen. If you’re choosing someone to look after your financial affairs, you can’t choose someone who is bankrupt or subject to a Debt Relief Order.

    • Can I Have More Than One Attorney?
    • You can choose more than one attorney. If you do this you can state whether they’re allowed to make decisions on their own or not.

      If you state that your attorneys must act together then the LPA will fail if any attorney dies or loses the ability to manage your affairs. It’s best to nominate a replacement who could take over if this did happen.

    • What’s The Process?
    • First you’ll need to draft a document that lays out what your attorney can and can’t make decisions about. It’s vital to do this with a solicitor to ensure it’s valid.

      Once it’s finalised, you’ll need to sign it in the presence of a witness. Your certificate provider will then go through it with you to you understand what you are signing and are not under any undue influence. If you’re making an LPA through Irwin Mitchell we’d act as your certificate provider.

      The LPA will then have to be registered with the Office of the Public Guardian before it can be used.

      Irwin Mitchell has helped many people create a Power of Attorney. We can talk you through the process and help you draft a document that reflects your wishes for the future.

      us on 0370 1500 100 or use our online form and we’ll call you back.

    • What’s A Living Will?
    • If there’s certain treatment you don’t want to receive, you could also consider making a Living Will. This is a document that specifies the kind of healthcare you do and don’t want to have.

      A Living Will could be important if you know there’s a point beyond which you wouldn’t want to have life-sustaining treatment. It helps your family understand the decisions they should make on your behalf if anything happened to you.

      Read more about making a Living Will.

    • What’s An Enduring Power of Attorney?
    • The Enduring Power of Attorney is a previous form of LPA that was replaced by the Financial Decisions LPA in October 2007.

      Although you can’t make one anymore, many that were created before that date are still valid. They didn’t have to be registered when they were made, but they will need to be in order to come into effect.

      If you have an Enduring Power of Attorney that needs to be registered, our specialist lawyers can help. Call us today on 0370 1500 100, or use our online form and we’ll call you back.

    • What If I Don’t Have An LPA?
    • If you don’t have a Lasting Power of Attorney in place it may be hard for your loved ones to know what to do if something happens to you, or you lose capacity.

      Without knowing your wishes, they may find it difficult to manage your affairs and property, and they might not know what medical treatment you do or don’t want.

      They might have to apply to the Court of Protection for a deputyship order so that they can take charge of your finances and make decisions on your behalf about the care you receive.

      This can be expensive and time-consuming, and everyone might not agree about who should have control and what decisions should be made.

      By making an LPA now, you can prepare for the future and make sure your wishes are respected.

    • Can You Change A Power Of Attorney?
    • If you no longer need your LPA or you want to make a new one, you can cancel it (provided you still have mental capacity).

      It’s always a good idea to nominate replacement attorneys in case your current attorney(s) can’t act on your behalf anymore. Even if you have more than one attorney, if one of them dies or is incapacitated, in some cases this will invalidate the LPA.

    • How Much Does It Cost?
    • The cost of an LPA depends on what you need and how complex it is. Prices start at around £750 + VAT for a single LPA.

      With our Wills Assured service we offer a 30% discount for making an LPA. Find out more.

Irwin Mitchell are a very professional, trustworthy and straightforward company to deal with. I would recommend them to anyone."

Frank Clayton, client

Frequently Asked Questions

Why Choose Irwin Mitchell?

Irwin Mitchell is one of the UK’s leading law firms. Our partner-led team has considerable experience in making Powers of Attorney and advising on the specific needs for our clients to suit their wishes, their family, and their estate.

We understand that everyone’s circumstances are different, and we’ll work with you to make an LPA that’s tailored to you. Our expertise in dealing with complex estates is of enormous benefit in this area – we understand the financial decisions at stake, and the tax complications that can arise.

If you’re worried about what will happen when you are no longer in control, we have the expertise to put your mind at rest. Call us on 0370 1500 100 to find out more.

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What’s The Difference Between A Health & Welfare LPA And A Property & Financial Affairs LPA?

The two types of LPAs are used for different decisions.

The Health and Welfare LPA gives your attorney the power to make decisions about:

  • What medical care you receive
  • Whether or not you move into a nursing home, which one you go to, and what happens if you need to move to a different. one
  • What life-sustaining treatment you’re given.

It can only be used when you’ve lost the capacity to make your own decisions.

The Property and Financial Affairs LPA gives your attorney the power to:

  • Manage your bank accounts
  • Make investments on your behalf
  • Sell your home or manage your property.

It can be used as soon as it’s registered, with your permission.

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What Powers Does An Attorney Have?

An attorney only has the powers they are specifically granted in the terms of the LPA. It’s very important to word an LPA so that the attorney doesn’t have free reign, but so they are also able to make the decisions necessary to protect your best interests.

Depending on the terms of the LPA, an attorney might be able to:

  • Make investments
  • Make small gifts
  • Specify medical treatment.

For anything outside the terms of the LPA, they’ll need to apply to the Court of Protection, which looks after the affairs of vulnerable people who don’t have capacity to do it themselves.

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What If There’s A Dispute?

In some cases, there are disputes over the LPA once it’s come into effect. This might be because loved ones are concerned:

  • The person making the LPA (the donor) didn’t have mental capacity to do so and was coerced into signing something they didn’t understand
  • The attorney is mismanaging the donor’s affairs, such as making poor investments
  • The attorney is making gifts they don’t have the authority to make
  • The donor’s nursing care is not what they would have wanted.

We are very experienced at dealing with these sorts of disputes. Alongside our Court of Protection team, we can help you make sure your loved one’s best interests are being looked after.

Find out more about Power of Attorney disputes.

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