powers of attorney

 

Powers of Attorney fall into two broad categories. They are legal documents whereby the person making them (the 'Donor') grants power to a third party to act independently on their behalf. Firstly there are the straightforward general powers which are usually intended to come into effect immediately, are limited as to time and may be limited as to purpose. They can be prepared quickly, are cost effective and there is no requirement for registration.

Typically a general power might, for example, be used by somebody who is going to work abroad for a few months. They can appoint a friend, relative or professional (a 'Donee') to manage their affairs during their absence. There can be more than one Donee and restrictions can be incorporated. Subject only to any restrictions the donee has legal power to act as if he or she were the Donor granting the power.



 

Lasting Powers of Attorney

The second category of powers of attorney are those that are intended for use in later life or in the unfortunate event of loss of faculties either physical or mental. Originally called 'Enduring Powers of Attorney' these were replaced by 'Lasting Powers of Attorney'. Lasting Powers are of two types and relate to either 'Property and Affairs' or 'Personal Welfare'.

Preparing these lengthy statutory documents and registering them at the Office of the Public Guardian is a time consuming exercise . However, at Christie Solicitors we have the knowledge and experience to advise you about the type of power appropriate to your circumstances and to prepare, complete and register all of the documentation for you. You will receive advice tailored to your individual needs and will not be left to complete parts of the process yourself. In appropriate cases we will act as your 'Certificate Provider' and in any event we will deal with all of the other parties involved in accordance with the requirements of the Mental Capacity Act 2005.

Our standard fee for preparing and registering a Lasting Power of Attorney is £340 plus VAT. In addition there is a registration fee of £130 payable to the Public Guardianship Office. If we are preparing more than one Power our fees for each document are reduced. Please call Geoff Christie on 01507 617716 for more information which we will be happy to provide free of charge. We have a client guide to Lasting Powers of Attorney which we will be happy to send to you either by post or email.

 

 

 

Do you have a question or want to make an appointment to see us?

Give us a call on 01507 617716 or use our contact form.

 

 

Christie Solicitors - powers of attorney