What we can help you with
- Appointing Attorneys in Lasting Powers of Attorney
- Removing your Attorneys
- Advising Attorneys about their role
- Registering Enduring Powers of Attorney
Our wills and inheritance services
Approachable, sensitive and efficient
Powers of Attorney
Why Thomson Hayton Winkley?
At any stage in life you may become unable to manage your own financial affairs, either permanently or temporarily. Having an accident or an illness which renders you mentally incapable to manage your own bank accounts, investments and property can cause great difficulty for you and your loved ones.
It is a little known fact that ‘next of kin’ is not a legal concept. Being recorded as someone’s next of kin on medical records gives no legal status to make decisions or to receive information as a right. If you lack mental capacity, decisions about your care and medical treatment will be taken out of your hands, and possibly out of the hands of your family and friends.
When appointing an Attorney you chose people you trust to have the right to make decisions for you if it becomes necessary. Our team of solicitors can assist you to make the right choices and decisions about how to appoint Attorneys in a Lasting Power of Attorney (LPA). There are two types of LPA: one for financial decisions and the other for health and care decisions. We can explain how each type works and how each can be tailored to your own specific needs.
If you are an Attorney and need legal advice about any issue relating to your appointment, we can review your situation and provide clear, comprehensive advice.
If your loved one did not appoint Attorneys while they still had mental capacity, you can apply to the Court of Protection to become their Deputy in terms of their financial affairs. Please see our Court of Protection page for further details.
Answering your questions
Do you do free home visits?
If you or your loved one are house-bound or would find travel to our office difficult, we will provide free, local home visits at a time that suits all involved.
What if I need an Attorney immediately or only for a short time?
If you know you are going to need the assistance of an Attorney for a short time, or possibly while your LPA is being registered ready for use, you could appoint an Attorney under a General Power of Attorney – again, we can assist you with this.
Are Enduring Powers of Attorney still valid?
Lasting Powers of Attorney came into being in October 2007. Before this date Attorneys were appointed (for financial affairs only) in Enduring Powers of Attorney (EPA). If your loved one made an EPA in which you have been appointed as an Attorney, you have a legal obligation to register the EPA with the Office of the Public Guardian as soon as the mental capacity of the person who made the EPA starts to decline. Often at this stage time is of the essence, so our solicitors can assist you because they are experienced in dealing with this type of registration quickly and efficiently.
How many Attorneys can I have?
There is no limit on the number of Attorneys you can appoint, but we recommend a maximum of 4. Any more than 4 and it can become complicated.
Do I need a Health & Welfare LPA as well as one for Property & Financial Affairs?
We always recommend having a Health & Welfare Lasting Power of Attorney as this will ensure that there is someone to make decisions about your health and welfare if you are incapable of doing so.
What if I already have an Advance Directive?
An Advance Directive is a statement as to what treatment you refuse if you become incapable. We recommend a Health & Welfare Lasting Power of Attorney in addition to any Advance Directive so that any decision can be made as to your health.
Can my Attorneys change my Will?
No. Only you can change your Will, provided that you have capacity.
Can my Attorneys see a copy of my Will?
If you want them to, you can allow your Attorneys to have sight of your Will. This can be useful if they need to know whether certain assets are gifted in your Will.
How much will it cost to get a certified copy of a Lasting Power of Attorney?
We charge £40 plus VAT for the first certified copy, and £10 plus VAT for each subsequent copy obtained at the same time.
What happens if I don’t have anyone to act as my Attorney?
It is possible to appoint a professional as an Attorney, such as an Accountant, Solicitor or Financial Advisor. Please ask us for further advice.
Don't take our word for it
The service was exceptional, my mum felt extremely relaxed and happy with the LPA process which can be an off thing to discuss. She was totally reassured by all involved, and in particular, Fiona. Thank you.