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Power of Attorney is power when a person (the donor) gives permission to another person (the attorney) to handle their affairs and make decisions on their behalf. It may be that a person is going away for a long period of time and has important business – whether this is a transaction or dealing with a third party, such as banks or a local authority – that they cannot do while away. In this instance, they can appoint an attorney to carry out this business on their behalf.

If you want to grant an Ordinary Power of Attorney, contact the specialist solicitors at Clifton Ingram today and we can help ensure that the wording sufficiently protects your interests. Where you wish to limit the actions capable of being carried out by your attorney, we can help with the wording so that the scope is sufficiently narrow and precise.

The Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more attorneys to make decision on your behalf where you are incapacitated or lack mental capacity. The document is especially useful if you have been diagnosed with or think you might develop an illness like dementia, where you will be unable to make sensible decisions for yourself.

There are two types of LPA:

  • Property and Finance, which gives the attorney power to act in housing and other property matters together with money and financial transactions; and

  • Health and Welfare, which gives the attorney power to act with regard to consent for medical treatment and, for example, choice of accommodation.

Since the donor under an LPA must understand exactly its meaning and effect when signing to set it up due to the fact that they will be giving up autonomy, the rules governing the creation of an LPA are strict. Contact the solicitors at Clifton Ingram today to help you ensure that you are following the process for setting up an LPA and understand everything properly. The process is effectively as follows:

  • Choose your attorney;

  • Fill out all the relevant documentation to appoint the attorney; and

  • Register the LPA with the Office of the Public Guardian.

Prior to 1 October 2007, Enduring Powers of Attorney existed. Although they cease to now, LPAs effectively take their place. Nevertheless, provided they were properly created, an Enduring Power of Attorney can still be registered and if it was set up and registered correctly, it is still valid.

Attorneys are bound by a code of practice and if they fall short, they can face dismissal and sanctions imposed by the Court of Protection, which has overarching jurisdiction. At Clifton Ingram, we can help you with creating, registering, altering or enforcing Powers of Attorney, whether temporary and limited, or lasting.

Contact our Power of Attorney Solicitors Wokingham, Berkshire & Across Thames Valley Today

Our solicitors at Clifton Ingram can advise you on all aspects of Powers of Attorney. We are a proactive and down-to-earth team of highly experienced solicitors; bringing a high quality and professional service to your local area. We regularly advise clients in Wokingham, Berkshire and the surrounding areas including Reading, Finchampstead, Ascot, Sunningdale, Virginia Water, Henley, Bracknell, Crowthorne, Maidenhead, Theale, Farnborough and Wentworth Estate.  Speak to one of our team today to see how we can help on 0118 978 0099.  Our solicitors will move fast to find a solution personal to you.

Peter McGeown

Peter McGeown

Partner, Head of Tax Planning, Wills & Probate

Contact Peter
Stephanie Rose

Stephanie Rose

Partner, Tax Planning, Wills & Probate

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