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Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

  • 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 (the attorney) 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.

    • There are two types of LPA:
    • Property and financial affairs
    • Health and welfare.

    Under a property and financial affairs LPA, your attorneys can make decisions on your behalf such as buying and selling property, opening and closing bank accounts, dealing with your investments, managing your day to day finances, and claiming benefits and pensions. This type of LPA can be used at any time, even if you still have capacity. In those circumstances, it should be used by your attorneys with your consent.

    A health and welfare LPA can only be used if you have lost capacity to make health and welfare related decisions. It enables your attorneys to make decisions about where you should live, the type of care you receive and day-to-matters such as your daily routine, diet, visitors and the social activities which you participate in.  If social services are involved in decisions about where you may live and your care in the future, then it can be particularly helpful to have an attorney who is authorised to make decisions of this type for you.  Your attorney can also give consent to or refuse medical treatment on your behalf if you give them this specific authority.  This could include making a decision as to whether or not you receive life-sustaining treatment in certain circumstances, giving you peace of mind that someone you trust and is aware of your wishes, is acting on your behalf. If you choose not to give your health and welfare attorney this particular authority then decisions about life-sustaining treatment would be made by the doctors and other professionals overseeing your care at the time, in your best interests and subject to any Advance Decision you may have made.

    You can create both types of LPA or just one type and not the other. Ensuring an LPA is in place will mean that decisions can be made quickly and by someone you trust if you ever lose capacity.

    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.

    Who can be appointed as an attorney?

    You can appoint a friend, a relative or a  solicitor as your attorney and they must be over 18. As with deputyships, our trust corporation, the Thomson Snell & Passmore Trust Corporation can act as a professional attorney.

    How many attorneys can I appoint?

    You need to appoint at least one attorney and up to a maximum of four. If you choose more than one, you will need to decide whether you want your attorneys always to act together (a joint appointment) or whether they can also act separately (a joint and several appointment). A joint several appointment is the most flexible option. You can also choose to appoint a replacement attorney if your first choice is unable to act for any reason.

    What are the attorneys duties?

    Your attorney has formal legal duties and must follow the principles set out in the Mental Capacity Act 2005 and the Code of Practice. Your attorney must act in your best interests and take account of your wishes, feeling and beliefs.

    You can apply conditions and restrictions on the use of the LPA and can also include guidance as to how you would expect your attorney to act.

    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 Brian Bacon are highly regarded experts, with many years of experience between them. Eddie is on the Court of Protection User Group and both he and Brian often receive direct referrals from solicitors, barristers and other professionals.  

    Further help

    www.gov.uk/courts-tribunals/court-of-protection

    www.gov.uk/government/organisations/office-of-the-public-guardian

    www.headway.org.uk 

    www.babicm.org/

    www.alzheimers.org.uk/

    Initial consultation

    Call us to arrange an initial consultation. We will clearly explain the options and the processes involved with the Lasting Power of Attorney and the Court of Protection.

  • Latest Updates

    Getting Prepared with Lasting Powers of Attorney

    Have you ever given thought as to how you would like your affairs managed if, for any reason, you couldn’t make decisions for yourself? “Don’t put off until tomorrow what you can do today” is sage advice when it comes to planning for your future.  

    Aiming to enable

    Louise Mathias-Williams set out the lessons from the Public Guardian’s recent decision over severance applications.

    Top 25 UK Law Firm

    We are pleased to receive, for another year, the accolade from eprivateclient of being listed as one of the Top 25 Law Firms in the UK.

    Frequently asked questions about the Rehabilitation Code

    We answer frequently asked questions regarding the Rehabilitation Code including it's purpose along with what the code states and how to code will help someone with a brain injury.

    Protecting your business

    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.

  • Insights

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

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