Power of Attorney Solicitors

Gillhams power of attorney solicitors help clients concerned about mental incapacity to plan for the future. In particular, we assist clients to make provision for their legal, financial and health affairs through Lasting Powers of Attorney or LPAs as well as advising those appointed to manage their affairs.

Our team of power of attorney solicitors has the experience and expertise to assist with even the most complex of arrangements, treating each case individually. Our clients can also appoint us to act as attorneys under LPAs.

How We Can Help

Whatever the issue, our power of attorney solicitors offer a range of services, including:

  • Advising clients on their options
  • Drafting and registering Lasting Powers of Attorney
  • Registering Enduring Powers of Attorney
  • Advising attorneys
  • Acting as attorneys under Property and Affairs LPAs
  • Managing disputes

Advising Clients on Their Options

Providing comprehensive advice based on years of experience and specialist expertise, our power of attorney solicitors ensure our clients know their options, so they can make informed decisions. We're there at every step, making sure that nothing is left to chance.

Lasting Powers of Attorney

Brought in by the Mental Capacity Act in 2005, a Lasting Power of Attorney is a document which makes provision for the affairs of an individual and provides for the event of an individual's later mental incapacity. For clients worried they may lose mental capacity, our power of attorney solicitors can help them make one or both of the following:

  • Property and Affairs LPA
    Through this type of LPA, a client can enable someone they trust - known as the attorney - to make decisions on their behalf about their property and affairs at a time when they are no longer able or lack the mental capacity to take those decisions themselves. As long as they are over 18 and not bankrupt when they sign the form, anyone can act as an attorney. Note that this LPA can only be used once it has been registered at the Office of the Public Guardian.
  • Personal Welfare LPA:
    A personal welfare LPA allows the client's attorney to make decisions on their behalf about their personal welfare and health, including matter such as where they live and what medical treatment they should receive.

Registering Enduring Powers of Attorney

Before LPAs were brought in, people could grant what were known as Enduring Powers of Attorney or EPAs so a trusted person could act for them if they could no longer manage their finances. Although no new EPAs can be created, existing ones remain valid whether or not they have been registered at the Court of Protection, provided that both the EPA donor and any attorneys signed the document prior to 1 October 2007.

Our power of attorney solicitors can advise clients as to whether an EPA is valid and help attorneys to understand their obligations under the document.

Advising Attorneys

Whether it's help in registering an LPA with the Court of Protection or interpreting its intentions, our power of attorney solicitors can advise attorneys on their obligations and the requirements of an LPA or EPA.

Acting as Attorneys under Property and Affairs LPAs

Whilst family members and trusted friends often take on the role of attorney, this is not always possible. Gillhams offers clients an attorney service, whereby we can take on this role. With our power of attorney solicitors' expertise in all aspects of this legal area, this is also a good solution for instances where attorneys would like professional support.

Managing Disputes

In such a difficult area, disputes can arise on a number of issues. We can act for attorneys, family members and other parties, offering advice and representation when required, including appearing at the Court of Protection.


MORE INFORMATION
For legal advice and assistance with powers of attorney, contact us online, email us at solicitors@gillhams.com or call us on 020 8965 4266.