PRIVATE CLIENT

Powers of Attorney

Professional Assistance with Managing What Matters.

Life is unpredictable, and as time goes on, some of us may face the loss of capacity to make our own decisions due to age, illness, or brain injury. Coole Bevis’s private client team provides expert guidance in setting up Powers of Attorney, giving you peace of mind that your affairs will be handled smoothly if you ever become unable to make decisions yourself.

Whether you’re planning for the future or supporting a loved one, establishing a Power of Attorney can ensure that your financial, health, and personal matters are managed responsibly and according to your wishes.

Creating a Power of Attorney involves complex legal and administrative requirements, but our dedicated team is here to simplify the process.

Our Services

Our experienced Power of Attorney solicitors offer straightforward, tailored guidance on all types of Power of Attorney, including:

Lasting Powers of Attorney (LPA): Guidance on setting up LPAs for financial decisions, health and welfare, ensuring your chosen representative has the authority to act in your best interests.

There are two types of LPAs:
- Property and Financial Affairs LPA – Covers decisions about finances, property, and assets.
- Health and Welfare LPA – Covers decisions related to your personal welfare, including medical treatment and care.
General Powers of Attorney: Assistance in preparing documents for temporary or limited powers over specific assets or transactions.
Enduring Powers of Attorney (EPA): Advising on existing EPAs and updating them to LPAs if needed.

Our Commitment to You

Our team is committed to providing compassionate, knowledgeable assistance at every stage, ensuring that your preferences are clear and legally binding. With a client-centred approach, we work to make this critical planning process as seamless as possible.

“Thank you for doing a great job at a difficult time and for all the years your practice has looked after both our families. It is much appreciated and took a lot of stress off us.”

FAQs

Setting up a Lasting Power of Attorney (LPA) is an important step in safeguarding your future. An LPA allows you to choose trusted individuals to make decisions on your behalf should you lose the ability to do so yourself, whether due to illness, age, or injury.

Understanding the types of LPAs available, what they cover, and how they work can make the process smoother and provide peace of mind. Below, we answer frequently asked questions to help you explore the key aspects of LPAs, to keep you well informed and confident in your decisions.

What is a Power of Attorney?

A Power of Attorney is a legally binding document that allows you, the donor, to appoint one or more attorneys to make decisions on your behalf if you are unable to do so or prefer not to manage these affairs yourself.

Why make a Lasting Power of Attorney (LPA)?

An LPA allows you to appoint one or more people to manage your affairs if you become unable to do so due to mental incapacity. There are two types of LPAs:

Property and Financial Affairs LPA – Covers decisions about finances, property, and assets.
Health and Welfare LPA – Covers decisions related to your personal welfare, including medical treatment and care.

If you do not have an LPA and lose capacity, the Court of Protection will appoint someone to manage your affairs. This can be a lengthy and costly process, and you will not have control over who is chosen.

What are the types of Powers of Attorney?

There are three main types of Power of Attorney:

Lasting Power of Attorney (LPA) – An LPA allows you to choose one or more people to manage your affairs if you become unable to do so due to incapacity. LPAs come in two types: one for financial affairs and one for health and welfare. Without an LPA, a court-appointed deputy may manage your affairs, but you will not have control over who that person is.
Enduring Power of Attorney (EPA) – EPAs, which were replaced by LPAs in 2007, only cover financial decisions. If you created an EPA before October 1, 2007, it remains valid. However, an EPA does not authorise attorneys to make health and welfare decisions.
General (or Ordinary) Power of Attorney – A General Power of Attorney is typically used for short-term or specific needs, allowing others to handle your financial matters while you retain mental capacity. For example, it may be used if you are in the hospital, traveling abroad, or awaiting an LPA registration.

What can an attorney do under an LPA for Financial decisions?

An attorney under a Financial LPA can manage your finances, including operating bank accounts, handling tax matters, claiming benefits, and even selling property if needed. Your attorney can also act on your behalf if you’re physically unable to manage your affairs or are abroad.

What can an attorney do under an LPA for Health and Welfare decisions?

An attorney under a Health and Welfare LPA can make decisions about your living arrangements, personal care, diet, and medical treatment, but only if you lack the mental capacity to make those decisions yourself.

What Power of Attorney services do you offer?

Our solicitors provide assistance with:

Advice on capacity issues
Guidance on appointing attorneys and understanding their duties
Preparation and registration of LPAs and EPAs with the Office of the Public Guardian
Financial administration related to LPAs
Revoking or retiring from the position of attorney

What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?

LPAs, introduced in 2007, replaced EPAs. While EPAs cover only financial decisions, LPAs allow for separate appointments to cover both financial and health and welfare decisions.

When should you set up a Lasting Power of Attorney?

It is advisable to set up an LPA as soon as possible. Sudden illness or injury can lead to incapacity, and having an LPA in place ensures that your affairs are managed according to your wishes. With an increase in conditions such as dementia, preparing an LPA early can protect you and your loved ones.

How do you set up a Power of Attorney?

Setting up a Power of Attorney involves several steps:

Consult our Private client legal team to determine which Power of Attorney suits your needs.
Appoint your attorneys, specifying their responsibilities and any restrictions.
Include a certificate from a professional, like a solicitor or GP, confirming your mental capacity.
Submit your LPA forms to the Office of the Public Guardian for registration. This process can take 8-10 weeks.
Once registered, your LPA becomes active according to its terms.

Costs of Lasting Powers of Attorney

Open pricing

Close pricing

Our service includes attending upon the Donor (person appointing Attorneys) to take initial instructions and to provide all relevant advice. Drawing and submitting draft documentation for approval. Preparing documentation for signature and attending you thereon to sign the same. Correspondence and telephone attendances upon you. Correspondence upon your Certificate Provider and Attorneys to arrange for their signature to the documentation. Lodging documents with Office of Public Guardian (OPG) for registration. Upon receipt of registered Lasting Power of Attorney providing you with a copy.

Upon completion we recommend the original document is stored in our archives for safe keeping on your behalf at no additional cost to you.

Lasting Power of Attorney

Standard documents and those whereby up to a maximum of 2 Attorneys are appointed will be at the lower end of the price scale whereas those appointing additional Attorneys and/or incorporating complex additional instructions and powers will be at the higher end of the price scale. You will be advised at initial meeting of exact cost.

LPAs	Cost Range (exc VAT @ 20%)
Single Lasting Power of Attorney	£850.00 - £950.00 plus OPG registration fee of £82.00
Two Lasting Power of Attorney’s	£950.00 - £1,300.00 plus 2 x OPG registration fee of £82.00 each
Four Lasting Power of Attorney’s	£1,600.00 - £1,900.00 plus 4 x OPG registration fee of £82.00 each

Examples

A single person decides to execute a Lasting Power of Attorney, for Property and Financial Decisions and a Lasting Power of Attorney, for Health and Welfare decisions appointing two individuals as Attorneys with no specialised instructions – cost will be £950.00 plus VAT £190.00 plus x 2 Court fees £164.00 = £1,304.00

A couple decide to each execute a Lasting Power of Attorney, for Property and Financial Decisions appointing two attorneys and no specialised instructions – cost will be £950.00 plus VAT £190.00 plus 2 x Court fees £164.00 – £1,304.00

A couple decide to each execute a Lasting Power of Attorney, for Property and Financial Decisions in favour of 4 Attorneys with 2 named replacement Attorneys and incorporating complex financial instructions to Attorneys – cost will be £1,300.00 plus VAT £260.00 plus 2 x Court fees £164.00 = £1,724.00

A couple decide to each execute a Lasting Power of Attorney, for Property and Financial Affairs and a Lasting Power of Attorney, for Health and Welfare decisions in favour of 2 Attorneys, with specialised provisions – cost will be £1,900 plus VAT £380.00 plus 4 x Court fees £328.00 = £2,608.00

Please note: You may be asked to make a payment on account of 50% of the overall cost estimate when attending for initial meeting or if giving instructions by correspondence prior to any work being undertaken.

The cost information given here is general and you will be given more precise and personalised information at your initial meeting.

We reserve the right to charge additional fees, on a time spent basis, if documentation needs to be redone because of signature errors or loss of documentation by Certificate Providers or Attorneys.

Contact us

For more information regarding LPAs or to speak with a member of our legal team, please contact us today.

Get in touch

Key contacts