Power of Attorney Solicitors
This comprehensive guide, brought to you by Kayani Legal, a firm of expert power of attorney solicitors, aims to provide you with all the information you need to understand, draft, and execute a power of attorney under UK law. Our Power Of Attorney Solicitors make this process as informative, engaging, and valuable as possible for our clients.
A Power of Attorney is an essential legal document that empowers a trusted individual to manage your affairs, ensuring that your financial, health, and personal decisions follow your best interests and values. By thoughtfully choosing an attorney and working with an experienced solicitor to draft, register, and execute this critical document, you can secure peace of mind for yourself and your loved ones. In times of uncertainty or incapacity, a Power of Attorney safeguards your interests, providing a robust framework for seamlessly managing your affairs and preventing potential disputes or complications. Whether it’s a General or Lasting Power of Attorney, this powerful instrument is pivotal in protecting your rights, maintaining your dignity, and preserving your legacy.
- What is a Power of Attorney?
- Types of Power of Attorneys
- Choosing the Right Power of Attorney Solicitors
- The Process of Drafting a Power of Attorney in London
- Does a Solicitor Charge for Power of Attorney?
- Roles and Responsibilities of the Attorney
- Revoking or Amending a Power of Attorney
- Misconceptions About Powers of Attorney
- Certificate Provider in Lasting Power of Attorney
- Case Studies and Success Stories
- Case Laws on Power of Attorney
- Frequently Asked Questions
- Why Us
What is a Power of Attorney?
A power of attorney is a document that an individual, known as the “donor,” to appoint another person or persons, referred to as the “attorney(s),” to make decisions and act on their behalf.
Types of Power of Attorney
Understanding the different types of power of attorney is crucial in determining the best suits your needs. In the UK, there are three main types:
a. Ordinary Power of Attorney (OPA)
An Ordinary Power of Attorney grants the attorney(s) the authority to make financial decisions on the donor’s behalf. This type of power of attorney is typically used for a specified period or specific tasks, such as managing finances while the donor is abroad. It is important to note that an OPA ceases to be valid if the donor loses mental capacity.
b. Lasting Power of Attorney (LPA)
An LPA is a legal document that allows the attorney(s) to decide on the donor’s behalf even after the donor has lost mental capacity. There are two types of LPAs:
- Property and Financial Affairs LPA
This LPA grants the attorney(s) the authority to decide on the donor’s property and financial matters. It can include managing bank accounts, paying bills, and selling property.
- Health and Welfare LPA
This LPA grants the attorney(s) the authority to make decisions about the donor’s healthcare and personal welfare, such as medical treatment, living arrangements, and daily care.
c. Enduring Power of Attorney (EPA)
LPAs replaced EPAs in October 2007. However, if you have an EPA created before that date, it may still be valid. EPAs only cover property and financial affairs and not health and welfare decisions.
Choosing the Right Power of Attorney Solicitors
Selecting the right power of attorney solicitors is essential for a smooth and successful process. Here are some factors to consider when choosing a solicitor:
a. Expertise and Experience
Ensure the solicitor has extensive experience and knowledge handling power of attorney cases. They should be well-versed in UK law and have a proven track record of success.
b. Communication and Accessibility
Your solicitor should be easy to reach and communicate with. They should be responsive to your queries, keep you informed throughout the process, and be available to address your concerns.
c. Transparent Fee Structure
Choosing a solicitor who is upfront about their fees is essential. They should provide a clear breakdown of costs and avoid hidden fees.
The Process of Drafting a Power of Attorney in London
The process of drafting a power of attorney involves the following steps:
a. Initial Consultation
Meet with your chosen power of attorney solicitor to discuss your needs, concerns, and objectives. It will help them understand your situation and advise you on the most suitable type of power of attorney.
b. Assessment of Donor’s Capacity
Before drafting a power of attorney, the solicitor must ensure that the donor has the mental capacity to make decisions and fully understands the document’s implications.
c. Drafting the Power of Attorney
Once the donor’s capacity is confirmed, the solicitor will draft the power of attorney document outlining the powers granted to the attorney(s).
d. Registration with the Office of the Public Guardian (OPG)
A Lasting Power of Attorney must register with the OPG before using it. This process typically takes around 8-10 weeks.
How Much Does a Solicitor Charge for Power of Attorney?
The cost of drafting a power of attorney can vary based on several factors:
a. Factors Affecting Costs
The case’s complexity, the type of power of attorney, and the solicitor’s experience can all impact the cost.
b. Estimated Fee Ranges
On average, you can expect to pay between £400 and £1,000 for a solicitor to draft and register a Lasting Power of Attorney. This range may vary depending on your case’s circumstances and complexity. It’s important to discuss fees with your chosen solicitor to get a clear understanding of the costs involved.
Roles and Responsibilities of the Attorney
As an attorney, you must fulfil specific responsibilities and act in the donor’s best interests. Some of the primary responsibilities include:
a. Acting in the Donor’s Best Interests
You must always act in the donor’s best interests, considering their wishes, feelings, beliefs, and values. It is essential to consider the donor’s past and present desires when making decisions on their behalf.
b. Keeping Records and Accounts
Attorneys are responsible for maintaining accurate records of the donor’s financial transactions and decisions made under a power of attorney. It is significant for Property and Financial Affairs LPAs.
c. Communicating with Relevant Parties
As an attorney, you may need to communicate with various individuals and organisations, such as healthcare providers, financial institutions, and family members, to make informed decisions on behalf of the donor.
Revoking or Amending a Power of Attorney
There may be situations where it becomes necessary to revoke or amend a power of attorney:
a. When and How to Revoke
A donor can revoke a power of attorney at any time, provided they have the mental capacity to do so. To revoke a power of attorney, the donor must inform the attorney(s) and any relevant institutions in writing. For LPAs, the donor must also notify the Office of the Public Guardian.
b. Amending an Existing Power of Attorney
If the donor wishes to change an existing power of attorney, they may need to create a new document or add a codicil (a legally binding amendment) to the current record. Consult a power of attorney solicitor to ensure any changes are made correctly.
Misconceptions about powers of attorney
Despite being an essential legal tool, several common misconceptions about Powers of Attorney can prevent people from utilising this critical document effectively. One such myth is that appointing an attorney means giving up control over your affairs, but this couldn’t be further from the truth. A Power of Attorney lets you choose a trusted individual to act on your behalf, ensuring your values and interests are respected even in your absence or incapacity. Another common misconception is that a Power of Attorney is only for the elderly or the sick. However, anyone can benefit from having a Power of Attorney, as accidents or unexpected events can happen at any time. By understanding the truth behind these myths, you can make informed decisions and secure the peace of mind that comes with having Power of Attorney.
Certificate Provider in the Lasting Power of Attorney
A Certificate Provider is crucial in creating a Lasting Power of Attorney (LPA). Per the LPA requirements, a Certificate Provider is a neutral third party who confirms that you understand the implications of creating an LPA and are not under any undue influence or pressure. Typically, a Certificate Provider can be a professional, such as a solicitor, or someone who has known you for at least two years. At Kayani Legal, our experienced solicitors can guide you through creating an LPA, including identifying a suitable Certificate Provider. By working with our solicitors, you can ensure that your LPA is valid and enforceable and that your interests are safeguarded. Contact our Power of Attorney Solicitors today to discuss your requirements and get started.
Case Studies and Success Stories:
Case Study 1: Safeguarding Family Assets with an LPA
Background: A retired couple approached Kayani Legal to set up Lasting Powers of Attorney (LPAs) for Property and Financial Affairs and Health and Welfare. They had two children and owned a family business and several properties.
Challenge: The couple wanted to ensure their family assets were protected and managed effectively should they lose mental capacity. They also wanted to avoid potential disputes among their children over decision-making.
Strategy: Kayani Legal advised the couple on the importance of appointing trusted attorneys and suggested they appoint their children as joint attorneys. We also recommended adding a provision to require unanimity in decision-making to avoid conflicts. After discussing their wishes in-depth, our team drafted and registered the LPAs, ensuring the couple’s interests get protected.
Outcome: The couple felt reassured that their family assets were safeguarded, and potential disputes among their children were minimised.
Case Study 2: Steering a Complex International Power of Attorney Situation
Background: A client approached us with a unique challenge. He had significant assets and businesses in multiple countries and wanted to create a power of attorney to manage his affairs in case of incapacity.
Challenge: The complexity of the client’s international assets and varying legal jurisdictions posed a challenge in drafting a comprehensive power of attorney that would be recognised and enforceable in multiple countries.
Strategy: Kayani Legal conducted extensive research on the legal requirements of each jurisdiction and collaborated with international legal experts to ensure that a power of attorney would be adequate across borders. Our team drafted a tailored power of attorney document that addressed the client’s unique needs and provided guidance on the registration process in each country.
Outcome: The client was satisfied with the customised power of attorney, which allowed him to manage his international assets efficiently and provided peace of mind for his future.
Case Study 3: Revoking an Inappropriate Power of Attorney
Background: A concerned daughter contacted Kayani Legal after discovering that her elderly mother had granted a neighbour an Ordinary Power of Attorney (OPA), giving him control over her financial affairs.
Challenge: The daughter suspected the neighbour was taking advantage of her mother’s vulnerability and wanted to revoke a power of attorney to protect her mother’s interests.
Strategy: Our team assessed the mother’s mental capacity to determine whether she could revoke the OPA. After confirming that she could make decisions, we advised her on revoking the OPA and assisted her in drafting a revocation notice. We then helped her register a Lasting Power of Attorney, appointing her daughter as the attorney for Property and Financial Affairs and Health and Welfare.
Outcome: With the inappropriate OPA revoked and a new LPA in place, the mother’s interests get protected, and her daughter can confidently manage her affairs.
Case Study 4: Drafting an LPA for a Client with a Complex Family Situation
Background: A client with a complicated family situation, including multiple marriages and children from different relationships, sought our help to set up an LPA for Health and Welfare.
Challenge: The client wanted to ensure that his current spouse and children from his previous marriage would decide about his health and welfare if he lost mental capacity.
Strategy: Kayani Legal advised the client on the complexities of appointing multiple attorneys and the potential challenges that could arise in decision-making. We suggested appointing his spouse and children as joint attorneys with specific provisions for decision-making to minimise conflicts. Our team also highlighted the importance of open communication with all parties involved. We then drafted and registered the LPA, ensuring the client’s wishes gets accurately reflected.
Outcome: The client was pleased with the carefully drafted LPA that addressed his complex family situation and allowed him to involve all relevant parties in his health and welfare decisions.
Case Study 5: Assisting a Small Business Owner with an LPA
Background: A small business owner approached Kayani Legal to set up an LPA for Property and Financial Affairs. She was concerned about the continuity of her business operations if she lost mental capacity unexpectedly.
Challenge: The client needed a power of attorney to manage her finances and ensure the smooth operation of her business.
Strategy: Our team at Kayani Legal took the time to understand the client’s business structure and operations. We advised her to appoint an attorney with the necessary skills and knowledge to manage her finances and business affairs. We then drafted an LPA that provided the attorney with specific powers related to the business, such as signing contracts, managing employees, and making financial decisions. We also guided the client through registration with the Office of the Public Guardian.
Outcome: The client was satisfied with the tailored LPA that safeguarded her finances and ensured the continuity of her business operations in the event of her incapacity.
Case Laws on Power of Attorney
Re F (Mental Patient: Sterilisation)  2 AC 1
A landmark case establishing the “best interests” test for determining medical treatment decisions for mentally incapacitated adults, including the consideration of the patient’s welfare, wishes, and dignity.
Airedale NHS Trust v Bland  AC 789
The House of Lords clarified the principles surrounding the withdrawal of life-sustaining treatment, focusing on the best interests of the patient and the sanctity of life.
Re C (Adult: Refusal of Treatment)  1 WLR 290 Abstract
The court held that an adult with mental capacity could refuse medical treatment, even if the refusal appears irrational to others.
Re MB (Medical Treatment)  2 FLR 426
This case established the principle of informed consent, emphasising the importance of providing sufficient information to patients to enable them to make decisions regarding their medical treatment.
Re S (Adult Patient: Sterilisation)  Fam 15
The court confirmed that sterilisation for contraceptive purposes can only be carried out on an incapacitated adult if it is in their best interests, considering factors such as welfare, autonomy, and the risk of pregnancy.
Masterman-Lister v Brutton & Co  EWCA Civ 1889
The Court of Appeal guided assessing mental capacity for entering into legal transactions, stating that the individual must understand, retain, and weigh the relevant information.
Re Y (Mental Patient: Bone Marrow Donation)  EWHC 2907 (Fam)
The court held that the best interests of an incapacitated adult must be the primary consideration when deciding whether they should donate bone marrow to a sibling.
Re G (Persistent Vegetative State)  EWHC 393 (Fam)
The court emphasised the importance of considering an incapacitated adult’s past wishes, beliefs, and values when making decisions about withdrawing life-sustaining treatment.
Re A (Capacity: Refusal of Contraception)  EWHC 2942 (Fam)
The court assessed an adult’s capacity to consent to or refuse contraceptive treatment, considering the individual’s ability to understand the consequences of their decision.
R (Burke) v General Medical Council  EWCA Civ 1003
The Court of Appeal held that doctors must take into account a patient’s expressed wishes regarding medical treatment, even if the patient is incapacitated, as long as those wishes are base on sufficient information and understanding.
Re SA (Vulnerable Adult with Capacity: Marriage)  EWHC 2942 (Fam)
The court clarified the test for capacity to marry, which focuses on the individual’s ability to understand the nature of the marriage contract and the duties and responsibilities it creates.
An NHS Trust v Ms X  EWHC 922 (Fam)
The court held that an adult with capacity could refuse life-sustaining treatment, even if the decision gets based on religious beliefs.
Re M (Best Interests: Deprivation of Liberty)  EWHC 2000 (Fam)
The court held that deprivations of liberty could only be authorised if they are in the best interests of the incapacitated individual, considering factors such as the individual’s welfare, views, and the least restrictive option.
Re P (Statutory Will)  EWHC 163 (Ch)
The court guided on making a statutory will on behalf of an incapacitated adult, emphasising the importance of considering the individual’s best interests, past and present wishes, and potential claims on their estate.
Aintree University Hospitals NHS Foundation Trust vs James  UKSC 67
The Supreme Court clarified that the best interests of an incapacitated adult must be considered holistically, including their medical, emotional, and social needs, when making decisions about life-sustaining treatment.
What services does Kayani Legal provide?
Kayani Legal offers various legal services, including family law, employment law, personal injury, commercial law, dispute resolution, and more. They are also experienced in handling Power of Attorney matters.
How can I choose the right solicitor for my case at Kayani Legal?
To choose the right solicitor, consider their expertise, experience, and communication style. Kayani Legal’s team of solicitors have diverse backgrounds, and you can consult with them to determine which solicitor best suits your needs.
What is the process for an initial consultation with Kayani Legal?
During an initial consultation, you will discuss your legal matter with a solicitor who will assess your case, provide advice, and suggest the next steps. Contact Kayani Legal to schedule a consultation.
How can I contact Kayani Legal to discuss my legal matter?
You can contact Kayani Legal via phone, email, or their website to discuss your legal matter and schedule an initial consultation.
What is a Power of Attorney, and how can Kayani Legal help with it?
A Power of Attorney is a legal document that grants a person (attorney) the authority to act on behalf of another (principal) in various matters. Kayani Legal can assist with drafting, registering, and advising on Powers of Attorney.
What is the difference between a General Power of Attorney and a Lasting Power of Attorney?
A General Power of Attorney is a temporary and limited arrangement, while a Lasting Power of Attorney is more comprehensive and remains valid even if the principal becomes incapacitated.
Can I revoke or amend a Power of Attorney?
Yes, you can revoke or amend a Power of Attorney, provided the principal still has the mental capacity to make decisions. Kayani Legal can guide you through this process.
How do I register a Power of Attorney with the appropriate authorities?
Kayani Legal can assist you in registering your Power of Attorney with the relevant authorities and ensure all necessary steps are completed.
What are the roles and responsibilities of an attorney appointed under a Power of Attorney?
An attorney is responsible for acting in the principal’s best interests, maintaining confidentiality, keeping accurate records, and making decisions within the scope of their authority.
Are there any limitations to the authority granted under a Power of Attorney?
Yes, a Power of Attorney can have limitations specified by the principal, and the attorney must act within those boundaries.
Can a Power of Attorney be used to manage a person’s financial affairs and health decisions?
Yes, a Power of Attorney can be used to manage financial affairs and health decisions, depending on the type of Power of Attorney created.
How long does it take to draft and execute a Power of Attorney?
The time required to draft and execute a Power of Attorney may vary, depending on the complexity of the document and the principal’s specific needs. Consult with Kayani Legal for a more accurate timeframe.
What are the fees associated with creating a Power of Attorney through Kayani Legal?
Fees for creating a Power of Attorney vary depending on the type and complexity of the document. Contact Kayani Legal to discuss their fee structure.
How can I ensure that my Power of Attorney is legally valid and enforceable?
To ensure your Power of Attorney is legally valid, work with a reputable solicitor, like those at Kayani Legal, who will ensure it is drafted and executed correctly.
How can Kayani Legal help with disputes or issues related to Powers of Attorney?
Kayani Legal can provide expert advice and representation in resolving disputes or addressing issues related to Powers of Attorney, ensuring the best possible outcome for all parties involved.
How do I choose the right attorney to act on my behalf in a Power of Attorney?
When choosing an attorney, consider their trustworthiness, reliability, and ability to make decisions in your best interest. It’s also essential to select someone who understands your wishes and values.
What happens if I lose mental capacity and don’t have a Power of Attorney in place?
If you maintain mental capacity with a Power of Attorney in place, a court may appoint a deputy to manage your affairs. This process can be time-consuming and expensive and may result in someone other than you would have chosen to act on your behalf.
Can I have more than one attorney in a Power of Attorney?
Yes, you can appoint multiple attorneys to act jointly (together) or jointly and severally (individually). It can provide a system of checks and balances and ensure your affairs get managed effectively.
What is a “certificate provider” in the context of a Lasting Power of Attorney?
A certificate provider is an impartial individual who confirms that you understand the implications of creating a Lasting Power of Attorney and that you’re not under any undue influence or pressure. They can be either a professional (e.g., a solicitor) or someone who has known you for at least two years.
Can a Power of Attorney be used outside the country it was created in?
Recognising a Power of Attorney in another country depends on the specific country’s laws and regulations. Some countries may require additional documentation, such as an apostille or a certified translation, to recognise a foreign Power of Attorney.
How do I know if a Power of Attorney is genuine and valid?
A genuine and valid Power of Attorney should be properly drafted, signed, witnessed, and registered (if applicable). If you have concerns about the authenticity of a Power of Attorney, consider consulting a solicitor for professional advice.
What happens if my attorney is no longer able or willing to act on my behalf?
If your attorney is unable or unwilling to act on your behalf, the Power of Attorney may become invalid, depending on the circumstances. It’s a good idea to appoint a replacement attorney or multiple attorneys to ensure your affairs get managed if one attorney cannot continue.
Can an attorney make gifts on behalf of the principal?
An attorney can make gifts on behalf of the principal only within specific limits and under certain conditions. These typically include gifts for customary occasions (e.g., birthdays) or to charities the principal would have supported, and the value must be reasonable relative to the principal’s assets.
Can a Power of attorney create a will for the principal?
No, a Power of Attorney cannot create a will for the principal. Only the principal can choose, provided they have the mental capacity to do so.
Can a business owner use a Power of Attorney to delegate decision-making authority?
Yes, a business owner can use a Power of Attorney to delegate decision-making authority to someone else. It can be helpful in situations where the owner is temporarily unavailable or unable to manage the business. However, it’s essential to carefully consider the scope of the attorney’s authority and any potential risks involved.
Ask a question.
Regarding choosing a legal firm to handle your Power of Attorney needs, Kayani Legal stands out for several reasons. Our dedication to providing our clients with personalised, professional, and efficient legal services is unmatched. Here are five unique reasons why you should choose Kayani Legal for your Power of Attorney matters:
Expertise and Experience
Our Power of Attorney solicitors team has a wealth of experience and knowledge in the field, ensuring that qualified experts handle your legal needs. We have successfully helped numerous clients navigate the complexities of Power of Attorney, whether drafting, registering, amending, or revoking documents. Our solicitors are well-versed in the nuances of UK law and are up-to-date with any legislation or case law changes, ensuring that you receive the most accurate and relevant advice.
At Kayani Legal, we understand that every client’s situation is unique and we tailor our services to meet your needs. Our solicitors take the time to understand your circumstances, concerns, and preferences, allowing us to provide customised legal solutions that best protect your interests. We believe in fostering strong, long-lasting relationships with our clients, ensuring that we are available to address any questions or concerns that may arise throughout the process.
We prioritise our client’s needs and strive to deliver the best possible outcomes. Our solicitors are committed to helping you understand the intricacies of Power of Attorney, guiding you through each step of the process, and ensuring that you feel confident and informed in your decisions. We understand that dealing with legal matters can be stressful, and we strive to provide a supportive and empathetic environment where you feel heard and understood.
We believe in providing fair and transparent pricing for our services. At Kayani Legal, we offer competitive fees and work diligently to minimise any additional costs associated with your Power of Attorney matters. We discuss our prices upfront, ensuring that you understand the cost of our services and can make an informed decision without any hidden surprises.
Commitment to Excellence
At Kayani Legal, we deliver our clients the highest quality legal services. Our solicitors undergo continuous professional development to stay at the forefront of the latest legal developments and best practices. We adhere to the highest ethical standards and are committed to maintaining confidentiality, professionalism, and integrity in all aspects of our work.
Kayani Legal offers a unique blend of expertise, personalised service, client-centric focus, transparent pricing, and commitment to excellence, making us the ideal choice for handling your Power of Attorney matters. By entrusting us with your legal needs, you can have peace of mind knowing that you are in the hands of experienced and dedicated professionals committed to protecting your interests and ensuring your future is secure. Contact us today!
Helpful Resources and Links for Further Information