Finding Lawyers Near Me for Power of Attorney: A UK Guide

Planning for the future is something we all need to think about, and when it comes to making sure your wishes are followed if you can't make decisions yourself, a Lasting Power of Attorney (LPA) is a really important document. It lets you choose someone you trust to act on your behalf. But how do you go about setting one up, and what if you need a bit of help? This guide breaks down the process, including when you might need to find lawyers near me for power of attorney.

Key Takeaways

• A Lasting Power of Attorney (LPA) lets you appoint someone to make decisions for you if you lose mental capacity.

• You can choose one or more attorneys, who must be over 18 and have mental capacity themselves.

• LPAs need to be signed correctly and registered with the Office of the Public Guardian before they can be used.

• While you can complete LPA forms yourself, seeking advice from solicitors can help avoid errors, especially with complex situations.

• If you need help finding legal support, searching for 'lawyers near me for power of attorney' can connect you with local professionals.

Understanding Lasting Powers Of Attorney

Setting up a Lasting Power of Attorney (LPA) is a big decision, but it can make life much simpler if things take a turn. Having an LPA lets someone you pick step in to manage your affairs if you aren’t able to do it yourself. Let’s get into the details of what an LPA is and how it works in practice.

What is a Lasting Power Of Attorney?

A Lasting Power of Attorney is a legal document that allows you (the 'donor') to appoint someone you trust to make decisions on your behalf if you lose the ability to do so yourself. This could be temporarily, like after an accident, or something more long-term, such as dementia. The person you choose is called your 'attorney,' and it’s their job to act in your best interests. Unlike older forms like Enduring Power of Attorney, an LPA can cover either your finances, your health, or both, and can’t be set up after you lose mental capacity.

Setting up an LPA now can stop future headaches for your loved ones and make sure the right person looks after everything if you need it.

Types of Lasting Power Of Attorney

There are two types of LPA, each covering different aspects of your life:

• Health and Welfare LPA: Handles decisions like care arrangements, day-to-day matters, and medical treatment. Only takes effect when you cannot make these decisions yourself.

• Property and Financial Affairs LPA: Lets your attorney look after things like bills, bank accounts, selling property, and managing pensions. This can be used while you still have capacity, or if you lose it—depending on how you set it up.

LPA Type	What It Covers	When It Can Be Used
Health and Welfare	Care, housing, and medical decisions	Only if you lose capacity
Property and Financial Affairs	Managing money, property, paying bills	As soon as registered, unless stated otherwise

When Can An LPA Be Used?

LPAs aren't switched on the moment you sign them. There are a few main points to keep in mind:

1. The LPA must be registered with the Office of the Public Guardian before it's valid—this can take several weeks.

2. For health and welfare LPAs, your attorney can only act if you’re no longer able to make your own decisions.

3. For property and financial affairs LPAs, you can decide whether you want your attorney to start acting as soon as the LPA’s registered, or only if you lose mental capacity.

You have control over how the LPA works for you, so it’s worth thinking about your needs now and what might happen in the future. Appointing someone you trust—along with clearly stating your wishes—means you’ll be looked after in the way you want, without your family needing to guess or argue.

Choosing Your Attorneys

Picking the right people to act as your attorneys is a really big deal. These are the individuals you're trusting to manage your affairs, whether that's your money or making decisions about your health, if you can't do it yourself anymore. It’s not a decision to rush into, so let's break down who can be an attorney and what to think about.

Who Can Be An Attorney?

Generally, anyone over 18 can be an attorney. This could be a family member, a close friend, or even a professional, like a solicitor. The main thing is that they need to be mentally capable of making their own decisions. It doesn't matter if they live abroad or aren't a UK citizen. However, there are a couple of specific restrictions. For instance, if you're setting up a Property and Financial Affairs LPA, someone who is bankrupt or has a Debt Relief Order can't be your attorney for that specific LPA. Also, a professional care worker usually can't be your attorney, unless they're your only relative or in some other unusual situation.

Considering Your Attorney's Suitability

So, who should you pick? Think about how well they manage their own life, especially their finances. Do they pay their bills on time? Are they organised? More importantly, do you trust them completely? You need someone who will genuinely act in your best interests, not their own. It’s also worth considering if they'd actually be comfortable and willing to take on this responsibility. It’s a big ask, so give them a chance to think about it and make sure they're happy to proceed. You want someone reliable, trustworthy, and who understands the gravity of the role.

Here are some points to ponder:

• Financial Acumen: Can they handle money responsibly?

• Trustworthiness: Do you have absolute faith in their integrity?

• Communication: Are they good at listening and understanding your wishes?

• Availability: Will they have the time and energy to dedicate to this role?

• Decision-Making: Can they make tough choices when needed?

Your attorneys must always act in your best interests. This means they can't benefit themselves from their role, and they must do everything they can to help you make your own decisions if possible. They should also consider your past feelings, beliefs, and values when making choices for you. Talking to people who know you well, like family or friends, can help them figure out what's truly best for you.

Appointing Multiple Attorneys

You can choose to have more than one attorney. This can be a good idea, as it means there's a backup if one person can't act. However, if you do appoint more than one, you have to decide how they'll make decisions together. You can choose for them to act:

1. Jointly and Severally: This means they can make decisions either together or individually. Each attorney can act on their own.

2. Jointly: This means all attorneys must agree on every decision. If even one person disagrees, the decision can't be made.

You can even mix and match, perhaps having them act jointly for big decisions like selling your house, but jointly and severally for day-to-day matters. It's also possible to name replacement attorneys who can step in if your original choices can no longer act. When choosing someone, remember they might need to claim back expenses, like travel costs, from your money, so it's worth discussing this beforehand. If you're looking for professional help with this process, you can find a solicitor to help with your LPA.

The Process Of Setting Up An LPA

So, you've decided to get a Lasting Power of Attorney (LPA) sorted. That's a smart move, really. It means someone you trust can handle your affairs if you're ever unable to. But how do you actually go about it? It's not as complicated as it might sound, but you do need to follow the steps carefully.

Obtaining LPA Forms

First things first, you need the official LPA forms. You can get these from the Office of the Public Guardian. The easiest way is usually to download them online from the GOV.UK website. Alternatively, you can order them over the phone. There's also an online service you can use to set up your LPA, which guides you through the process. It's worth looking at the official guide to make sure you're getting the right forms for your needs.

Completing And Signing The Forms

This is where you need to be a bit meticulous. You can fill out the forms yourself, but honestly, it's easy to make a mistake. If you mess up, your LPA might get rejected, and you'll have to start all over again, possibly paying another fee. The forms need to be signed in a very specific order. You, the donor, sign first, and your signature needs to be witnessed. Then, the certificate provider signs, followed by your attorney(s), whose signatures also need witnessing. If this order isn't followed, the Office of the Public Guardian won't accept it.

Here's a breakdown of the signing order:

1. You (the Donor): Sign the relevant section.

2. Witness to Donor's Signature: Someone needs to watch you sign and then sign themselves.

3. Certificate Provider: This person confirms you understand the LPA and aren't being pressured.

4. Attorney(s): Your chosen attorney(s) sign the form.

5. Witness to Attorney's Signature: Each attorney's signature needs to be witnessed.

The Role Of The Certificate Provider

This person is quite important. They're basically there to make sure you know what you're signing and that you're doing it willingly. They need to confirm that you have the mental capacity to make the LPA and that you haven't been put under any pressure. The certificate provider can't be your attorney, or someone closely related to you or your attorney. It's often someone you've known for a while, like a friend or neighbour, or a professional such as a doctor or solicitor.

It's really important that the certificate provider understands their role. They're not just signing a document; they're confirming that you're making an informed decision about your future. If they're unsure, it's best to choose someone else or seek advice.

Once all the forms are correctly filled out and signed, the next big step is registration.

Registering Your LPA

Right then, you've gone through the whole process of filling out the forms, getting them signed correctly, and you've had your certificate provider do their bit. What's next? Well, the LPA isn't actually legally usable until it's registered with the Office of the Public Guardian (OPG). Think of it as the final stamp of approval that makes it official.

Why Registration Is Essential

This is a big one. Without registration, your attorneys can't actually do anything on your behalf, even if you've lost mental capacity. It's the OPG that checks everything is in order and that the LPA is valid. They're the gatekeepers, so to speak. If you've completed the forms yourself, it's really important to double-check everything before sending it off, as mistakes can lead to delays and extra costs down the line. You can find a helpful guide on how to complete and register an LPA on the GOV.UK website.

The Registration Fee

There's a fee for registering your LPA. As of now, it's £82 per LPA. So, if you're setting up both a Property and Financial Affairs LPA and a Health and Welfare LPA, you'll need to pay £82 for each, making it £164 in total. However, there are ways to get a discount or even have the fee waived.

Here's a quick rundown:

• 50% Discount: If your annual income is under £12,000, you might be eligible for a 50% reduction in the fee.

• Fee Exemption: If you're receiving certain income-related benefits, you might not have to pay the registration fee at all.

• Multiple LPAs: If you're registering two LPAs at the same time, the fee applies to each one.

It's worth checking the OPG's website or giving them a call to see if you qualify for any reductions before you submit your application.

Digital LPA Access

Good news for those who like things digital! The government has introduced an online service that allows you and your attorneys to access a digital version of your registered LPA. This is super handy for proving your authority to organisations like banks or utility companies. They can use a secure access code to verify the LPA's validity. This service is available for LPAs registered after January 1st, 2016. It's a much quicker way for your attorneys to show they have the legal right to act for you.

The registration process can take a few weeks, so it's best to get it sorted as soon as possible after signing the forms. Don't leave it until the last minute, especially if you think you might lose capacity soon. Getting it registered promptly means your chosen attorneys can step in and help when needed without any unnecessary delays.

When To Seek Professional Legal Advice

Setting up a Lasting Power of Attorney (LPA) is a big step, and while it might seem straightforward, there are times when getting a solicitor involved is a really good idea. It's not always about needing a lawyer because things have gone wrong; often, it's about making sure things are done right from the start.

Do You Need A Solicitor For An LPA?

Honestly, you don't have to use a solicitor to create an LPA. The forms are available online, and if your situation is simple, you might feel confident filling them out yourself. However, a solicitor can offer a lot of clarity. They can explain the different types of LPAs, help you understand the responsibilities you're giving to your attorneys, and make sure you've thought through all the potential scenarios. This is particularly helpful if you have a complex financial situation, own property abroad, or have specific wishes about how your affairs should be managed.

• Clarifying complex wishes: If you have very specific instructions about your care or finances, a solicitor can help draft these clearly to avoid future misunderstandings.

• Understanding your attorneys' duties: They can explain the legal obligations your chosen attorneys will have, including acting in your best interests and keeping records.

• Avoiding common mistakes: Incorrectly filled-out forms or improper witnessing can invalidate an LPA, leading to significant problems down the line. A solicitor ensures everything is done by the book.

• Dealing with family dynamics: If there are potential disagreements among family members about who should be an attorney or how decisions should be made, a solicitor can mediate and help find a solution.

Sometimes, the cost of legal advice upfront can seem like a lot. But think of it as an investment. Getting it wrong can lead to much bigger expenses and stress later on, especially if the Court of Protection needs to get involved.

Finding Lawyers Near Me For Power Of Attorney

If you decide a solicitor is the way to go, finding the right one is key. You'll want someone who specialises in wills, trusts, and LPAs. A good starting point is to ask friends or family if they can recommend someone they've had a positive experience with. You can also use online directories. Many legal professional bodies have a 'find a solicitor' tool on their website, which allows you to search by location and specialism. When you contact potential solicitors, don't be afraid to ask about their experience with LPAs and their fee structure. It's also worth checking if they offer a free initial consultation, which can be a good way to gauge if they're a good fit for you. You can find solicitors who can help with your LPAs through various professional bodies.

Understanding Solicitor Fees

Solicitor fees for LPAs can vary quite a bit. Some might charge a fixed fee for the entire process, while others bill by the hour. A fixed fee can be helpful for budgeting, as you'll know the total cost upfront. Hourly rates mean the final bill can be unpredictable, depending on how long the solicitor spends on your case. It's important to have a clear discussion about fees before you agree to anything. Ask for a breakdown of what the fee includes – does it cover just the LPA forms, or also advice on related matters like wills or trusts? Remember, the cheapest option isn't always the best; consider the solicitor's experience and the clarity of their advice when weighing up the costs.

Alternatives To LPAs

While Lasting Powers of Attorney (LPAs) are the most common and robust way to plan for future incapacity, there are other options available, though they often come with limitations.

Ordinary Powers Of Attorney

An Ordinary Power of Attorney (OPA) is useful for temporary situations. Think of it as a short-term solution. It's specifically for financial matters and is only valid as long as you have the mental capacity to make your own decisions. So, if you're going into hospital for a while, or planning a long trip abroad and need someone to manage your bills, an OPA could work. You can even specify exactly what your attorney can and can't do, like managing your bank account but not selling your property. However, an OPA stops being valid the moment you lose mental capacity, which is a significant difference from an LPA. Setting one up usually involves getting advice from a solicitor or Citizens Advice, as there isn't a standard form.

Appointeeship For Benefits

This is a much more limited option, specifically for managing state benefits. If someone is unable to manage their own benefits due to mental or physical ill health, the Department for Work and Pensions (DWP) can appoint someone to receive and manage those benefits on their behalf. This is called an Appointeeship. It's important to understand that this only covers the specific benefits being paid; it doesn't give the appointee any authority over the person's other finances or property. It's a straightforward process for benefit management but offers no wider protection.

The Court Of Protection

If you haven't made an LPA and then lose mental capacity, the Court of Protection might need to get involved. This is a court that makes decisions for people who can't make decisions for themselves. If no LPA is in place, someone (often a family member or close friend) can apply to the Court of Protection to be appointed as a 'deputy'. This deputy then has the legal authority to make decisions about the person's finances or health and welfare, similar to an attorney under an LPA. However, the process of applying to the Court of Protection can be lengthy, costly, and quite complex. It's generally seen as a last resort when planning hasn't been done in advance. The court oversees the deputy's actions, which can provide a level of protection but also adds bureaucracy.

It's worth noting that while an OPA is useful for temporary needs, it's generally best to set up an LPA if you're thinking about long-term planning. The ability for an attorney to continue acting even if you lose capacity is a key advantage of LPAs over OPAs. The registration fee for an LPA is £82, though discounts may apply for those on lower incomes. You can find more information on setting up LPAs on the GOV.UK website.

Here's a quick comparison:

Feature	Ordinary Power of Attorney (OPA)	Lasting Power of Attorney (LPA)	Appointeeship for Benefits	Court of Protection (Deputy)
Scope	Financial only	Financial and/or Health & Care	Benefits only	Financial and/or Health & Care
Validity	Only while you have capacity	Can continue after incapacity	While receiving benefits	While person lacks capacity
Setup Process	Solicitor/Citizens Advice	Specific forms, registration	DWP application	Court application
Cost	Solicitor fees	Form fees, registration fee	Free	Application fees, legal costs
Flexibility	Can be limited	Can be limited	None	Court-defined

There are other options besides Lasting Powers of Attorney. Exploring these can help you find the best way to manage your affairs if you're unable to.

Want to learn more about your choices? Visit our website today to see how we can help you plan for the future.

Wrapping Up

So, that’s the lowdown on sorting out a Power of Attorney in the UK. It might seem a bit daunting at first, with all the forms and decisions to make, but it’s really about making sure your wishes are known and respected down the line. Whether you decide to go it alone with the paperwork or get a solicitor involved, the main thing is that it’s done correctly. Taking the time to choose the right person to act for you is super important, and remember, you don't have to do this all by yourself. There are resources out there to help, and getting it sorted now can save a lot of hassle and worry for everyone later on.

Frequently Asked Questions

What exactly is a Lasting Power of Attorney (LPA)?

Think of an LPA as a special document that lets you choose someone you trust to make decisions for you if you ever can't make them yourself. This could happen if you become unwell or have an accident and can no longer think clearly. It's a way to plan ahead and make sure your wishes are followed.

Can I choose anyone to be my attorney?

Generally, yes, as long as they are over 18 and have the mental ability to make their own decisions. They can be a friend, a family member, or even a professional like a solicitor. The most important thing is that you trust them to act in your best interests.

Do I need a solicitor to create an LPA?

Not always, but it can be very helpful. Filling out the forms yourself is possible, but mistakes can cause problems and delays. A solicitor can guide you through the process, making sure everything is done correctly, which might save you hassle and potential extra costs later on.

How much does it cost to set up and register an LPA?

Registering an LPA with the Office of the Public Guardian costs £82. If you're registering two LPAs (one for finances, one for health), it's £82 for each. However, if you're on a low income or receive certain benefits, you might get a discount or not have to pay at all.

What happens if my attorney can't act for me anymore?

You can name 'replacement attorneys' when you first set up your LPA. If your original attorney can no longer do the job – perhaps due to illness, death, or losing mental capacity themselves – your replacement attorney can step in.

Can my attorney access a digital version of my LPA?

Yes, there's a government online service that allows you and your attorneys to access a digital copy of the LPA. This is really useful for organisations like banks to quickly check that the LPA is valid when your attorney needs to act on your behalf.