Lasting power of attorney

Why (or when) someone would need this service?

A person will require this service if they wish to delegate their authority to someone they trust (normally a friend or family member) which will enable that person (“the attorney”) to make decisions on their behalf. This situation occurs when an individual is concerned about their health, or their future health and their capacity to make proper decisions in the future. If a person has already lost capacity to make decisions, then an application to the Court of Protection may be necessary.

There are two types of Lasting Power of Attorney available. The first concerns “health and welfare”. If this is obtained, it will enable the attorney to make decisions, regarding the person’s medical care and how they are looked after.

The second type of Lasting Power of Attorney concerns “property and financial affairs”. This will allow the nominated individual to make decisions regarding the other person’s home, money and investments.

Both types of Lasting Powers of Attorney may be made at the same time if required. They are frequently prepared when a Will is being drafted or updated for future planning.

How does the process work?

Once the particular type of Lasting Power of Attorney has been decided upon, clients are invited to attend a meeting with us at our offices in order to complete the form. In order to assist with the information gathering process, the two forms can be downloaded via the following link.

Once the form is completed it will be sent for registration to the Office of Public Guardian, for them to seal and return the forms to ourselves.

How long does it take?

Once the forms are completed, they can be lodged immediately for registration. The Office of the Public Guardian has a statutory waiting period of three weeks from the time it sends notification of registration out to appropriate persons. This notification is to provide anyone who is concerned about the application the opportunity to oppose it.

Is it expensive?

We can work to a fixed fee. Please contact us for a quotation. The Office of the Public Guardian charge a fee of £110 per Lasting Power of Attorney.

What are the things people should consider before calling?

The person making a Lasting Power of Attorney, should think very carefully about whom they wish to nominate for this important role.

What if my application is opposed/ disputed?

We have specialist lawyers that can guide you through the process and deal with any Court applications and hearings that are necessary.  We have extensive experience in dealing with the Court of Protection and the Office of the Public Guardian.

Why are Grant Saw the best people for the job?

The probate team at Grant Saw offers experience in this area of law and can ensure that a Lasting Power of Attorney is registered promptly and cost effectively.