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Contact Barringtons Solicitors, Farnham, to discuss any aspect of a lasting power of attorney.

01252 741 751

Lasting Powers of Attorney, Mental Capacity and the Court of Protection

Joanne Baddeley and Becca Panton are specialist solicitors in this area and our services include:

 

  • Preparing and registering Lasting Powers of Attorney

  • Registering Enduring Powers of Attorney

  • Applications to the Court of Protection

  • Acting as a professional Deputy for those who lack capacity

  • Advising on the making or amendment of Wills for those who have lost capacity (‘statutory wills’)

  • A Lasting Power of Attorney (‘LPA’) is a legal document that lets you choose another person to make decisions on your behalf – usually if you are unable to make these decisions yourself. There are two different types of LPA:  one type deals solely with an individual’s property and financial affairs and the second deals with an individual’s health and welfare.

 

LPAs often become a consideration when a person is getting older or their mental or physical abilities are declining. But accidents can happen at any time to anyone and an LPA ensures that you have a trusted person acting on your behalf and managing your affairs if you become incapacitated for any reason.  With an LPA in place decisions about your care or your financial affairs can be made seamlessly minimising the impact on your family or business.  An LPA can also assist a vulnerable young adult who requires help to manage their affairs.

 

It is no longer possible to make an Enduring Power of Attorney (‘EPA’) but EPAs properly executed before October 2007 remain valid.

 

If you are caring for someone who can no longer manage their affairs and they do not have an EPA or LPA it is probable that an application will need to be made to the Court of Protection for the appointment of a Deputy to look after the individual’s affairs. This process takes significantly longer than registering an LPA and is more expensive.  We can prepare Deputy applications or act as a professional Deputy when there is no other suitable person.

 

Barringtons Solicitors, Farnham, can also advise on applications to the Court of Protection for a ‘statutory will’ to be made on behalf of someone who has lost capacity and who does not have a valid or appropriate will in place. The court can make an order that a will shall be executed on the proposed terms if it considers it to be in the best interests of the person who has lost capacity.

Joanne Baddeley

Associate Solicitor

joanne@barringtons-solicitors.co.uk

Becca Panton

Solicitor

becca@barringtons-solicitors.co.uk

Joanne Baddeley 035 (002) Becca Panton 036