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  • Overview

    What is a Lasting Power of Attorney (LPA)?

    We all hope to go on running our lives for as long as we can, but need to plan ahead for a time when we may need help in making decisions.

    A Lasting Power of Attorney is a legal document where you appoint one or more people to act on your behalf, in circumstances where you no longer have capacity to make decisions yourself. You can decide who you appoint, what powers they have and specify any wishes you want followed.

    Having a Lasting Power of Attorney in place can avoid the expense and the potential difficulties of Court of Protection Deputyship if you later need someone to act on your behalf.

    How do you go about putting a Lasting Power of Attorney in place?

    A Lasting Power of Attorney is an extremely important document and requires careful preparation and sound legal advice. Download our complete Lasting Powers of Attorney pack containing comprehensive information and the relevant forms.

    How our Court of Protection solicitors can help with a Lasting Power of Attorney

    • Advise on all aspects of a Lasting Power of Attorney, including the capacity required to make it, and the options available
    • Deal with the registration process (without which a Lasting Power of Attorney cannot be used)
    • Provide guidance to attorneys where they are involved in creating or acting under a Lasting Power of Attorney
    • Manage objections and disputes over the appointment or conduct of attorneys
    • Assist attorneys with applications to the Court of Protection for statutory wills, gifts, and the appointment of trustees.

    Our Court of Protection expertise

    • We have one of the largest specialist Court of Protection teams in the country, offering a personal and tailored service that few firms undertaking this work can provide
    • Our specialist Court of Protection solicitors give straightforward practical advice and deal with matters sensitively
    • Eddie Fardell and Martin Terrell are highly regarded experts, with 40 years experience between them. They are on the Court of Protection User Group, Martin Terrell is on the panel of external Deputies, and both often receive direct referrals from the Court and other professionals. Martin Terrell and other members of our team write for a number of legal publications including Tottel's Older Client Law Service.

    Further help

    Free initial consultation

    Call us to arrange a free initial consultation. We’ll clearly explain the options and the processes involved with the Lasting Power of Attorney and the Court of Protection.

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    Many business owners, when thinking about protecting their business, insure against common business risks such as property damage, theft, third party liability and business interruption.  A few also look at keyman insurance to cover the risk of the owner becoming incapacitated because of some physical or mental condition or unplanned absence abroad but very few create a lasting power of attorney which will give an individual the authority to run the business in such situations.

    Thomson Snell & Passmore’s nationally ranked Court of Protection team awarded The Legal 500 UK 2015 firm of the year

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded The Legal 500 UK 2015 firm of the year. 

    Nationally ranked Court of Protection team awarded The Legal 500 UK team of the year 2015

    Leading South East law firm Thomson Snell & Passmore is delighted to announce their Court Of Protection team has been awarded 'Firm of the Year' by The Legal 500 UK 2015 for their specialist work in this area. The team are unique as they are top ranked nationally by both The Legal 500 and Chambers UK directories, and have been for the last few years.

    Case Update: Abuse of position by an Attorney

    Powers of Attorney are commonly used where a person (the ‘donor’) wants to appoint one or more others to assist in their decision making or to make decisions on their behalf. They are often utilised where the donor lacks the mental capacity to make decisions themselves, although this is not always the case. The attorney must act in the best interests of the donor and ensure that they are acting for the donor’s benefit, rather than their own, at all times.

    Lasting power of attorney: Everything you need to know

    Most of us take it for granted that we will go on being able to manage our finances for the rest of our lives, at which point it will be for our executors (assuming there is a will in place) to take over.

    FAQ: LPA general article

    If ever you were to lose the capacity to manage your affairs as a result of an illness or accident and have not made a Lasting Power of Attorney (LPA), an application would need to be made to the Court of Protection for a deputy to be appointed.

    Back to Basics - Court of Protection update

    By Martin Terrell and Brian Bacon, Partners in Court of Protection. This article first appeared in the May 2012 edition of PS, the magazine of the Law Society's Private Client Section.

    Martin Terrell is appointed as new Court of Protection panel deputy

    Partner Martin Terrell has been appointed as new Court of Protection panel deputy.

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