Lasting Powers of Attorney

Appointing a Lasting Power of Attorney is the process whereby you are allocating someone the responsibility and authority to make decisions on your behalf should you find yourself in a diminished state of mental and physical ability.

In the event of this happening and no Lasting Power of Attorney is recorded as being registered, the Court of Protection will appoint who they deem most suitable, which may cause unnecessary conflict and does not ensure your wishes are communicated exactly as you would want them.

A Lasting Power of Attorney can be appointed to manage key aspects of your wellbeing: health and welfare, and financial and property. The same person can be given responsibility for both or you can appoint two people to each take a role if you feel that would be more suitable.

Where business arrangements are required to be addressed, you can incorporate this in one of the previously mentioned remits or have an entirely separate business power of attorney included.

It is important to be aware that there are a very specific set of criteria that must be met in order for powers of attorney to be implemented. There are stringent checks constantly in place to prevent any abuse of this power whether deliberate or otherwise.

At Bailey & Cogger solicitors in Tonbridge we have a team of expert Lasting Power of Attorney solicitors within our Private Client departments who can assist with every aspect of making and acting under an LPA.

We can also assist with Court of Protection matters where someone has already lost mental capacity and does not have an LPA in place.

Book a free consultation with our Lasting Power of Attorney solicitors in Tonbridge

For a free 30-minute consultation with our experienced, friendly LPA solicitors, please call us on 01732 353305 or use our simple contact form and we will get back to your quickly.

Bailey & Cogger Solicitors is now incorporated by Hatten Wyatt, meaning you can also access our Lasting Power of Attorney services through local offices in Chatham, Gravesend, Maidstone and Tenterden.

We can also offer meetings at your home, in hospital or in a care facility, as well as telephone appointments or meetings via skype where appropriate. 

How our Lasting Power of Attorney solicitors can help you

Powers of Attorney

Our expert Wills & Probate lawyers are able to assist you with preparation of:

  • a property and financial affairs lasting power of attorney;
  • a health and welfare lasting power of attorney, accompanied by an advanced decision directing whether life sustaining treatment should be given; and
  • a business power of attorney.

Court of Protection matters

We can also help with applications to the Court of Protection:

  • for the appointment of a deputy in cases where a loved one loses mental capacity before a lasting power of attorney can be made;
  • to resolve issues on which attorneys or deputies may disagree; and
  • to seek permission to take steps, or to make decisions, not covered by a lasting power of attorney or deputyship order.  

Additionally, if you feel it the most appropriate nomination, we can act as an attorney or a deputy on your behalf.

Common questions about Lasting Powers of Attorney

What are the different types of Lasting Power of Attorney?

There are two different types of LPA:

Property & Financial Affairs LPAs – covering decisions about matters such as collecting someone’s benefits/pension, paying bills, managing their bank accounts and dealing with their home.

Health & Welfare LPAs – covering decisions about matters such as medical treatment and day-to-dare care, such as a person’s diet.

Do I need a Lasting Power of Attorney?

An LPA provides peace of mind that decisions about your personal affairs would be made by someone you trust in the event you were unable to make those decisions yourself. Making an LPA can therefore be worthwhile for anyone.

However, there are certain circumstances where it can be particularly worth considering making an LPA, including:

  • If you have been diagnosed with a condition such as Alzheimer’s and are in the early stages where you still have mental capacity
  • If you are in a high-risk profession, such as the Armed Forces, where you believe there is a risk of a serious, debilitating injury
  • If you are cohabiting with a partner without being married or in a civil partnership and want to make sure they have the power to make decisions on your behalf should the need arise
  • If there are specific matters you are concerned would need to be managed in the event that you lost mental capacity

What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?

Enduring Powers of Attorney (EPAs) were used before LPAs were introduced in 2007. EPAs offered broadly the same powers as LPAs and can still be used if they were made before 1 October 2007.

When does a Lasting Power of Attorney end?

If you created a Lasting Power of Attorney and still have mental capacity, you can revoke it at any time.

Once a person has lost mental capacity, an LPA will normally only end when the person who created it dies.

However, if there is a concern that someone acting as an attorney under an LPA is acting inappropriately, a third party can apply to the Court of Protection to have the LPA revoked and the attorney removed. The Court will then normally appoint a Deputy to manage the vulnerable person’s affairs instead.

Our Lasting Power of Attorney fees in Tonbridge

Free initial appointment with our LPA solicitors

We offer a free initial 30-minute appointment to discuss your requirements.  After that we can agree funding arrangements to suit your budget. 

Fixed fee Lasting Powers of Attorney

We may be able to prepare straightforward Lasting Powers of Attorney on a fixed fee basis where appropriate. This can give you certainty over the costs involved.

Hourly rates for Lasting Powers of Attorney

For more complex matters or where ongoing support is needed, we will work according to an hourly rate based on the level of expertise required to deal effectively with your needs.

Legal aid

For some cases involving the Court of Protection legal aid may be available. 

Why choose Bailey & Cogger Solicitors for Lasting Powers of Attorney?

Our Private Client team is headed by Silviya Maclean, a highly experienced solicitor and fully qualified member of the Society of Trusts and Estate Practitioners (STEP), the worldwide professional association for expert practitioners in inheritance and succession planning.

We have offices in TonbridgeMaidstoneGravesendChatham and Tenterden where we can meet you to discuss your requirements.

Alongside our expertise in Lasting Powers of Attorney, we can also offer the services of our Conveyancing Quality Scheme (CQS) accredited Residential Property team. They can assist with any property issues involved with managing someone’s affairs, including where there is the need to sell their home.

Key contacts

Domonique MalyonSilviya Maclean

Book a free consultation with our Lasting Power of Attorney solicitors in Tonbridge

For a free 30-minute consultation with our experienced, friendly LPA solicitors, please call us on 01732 353305 or use our simple contact form and we will get back to your quickly.

Bailey & Cogger Solicitors is now incorporated by Hatten Wyatt, meaning you can also access our Lasting Power of Attorney services through local offices in Chatham, Gravesend, Maidstone and Tenterden.

We can also offer meetings at your home, in hospital or in a care facility, as well as telephone appointments or meetings via skype where appropriate.