Lasting Powers of Attorney
At present you may be perfectly able to deal with your affairs yourself. You may pay your bills, manage your finances and run your home without assistance. However, if you were at any future point to become unable to do this, have you considered who you would wish to assist you?
It is important to think about this at an early stage as you can only make legal decisions about this now, whilst you still have full mental capacity.
Whilst you have full mental capacity you are legally able to appoint what is known as an Attorney by a legal document known as a Lasting Power of Attorney to deal with your affairs in the future should become unable to do so yourself.
What are Lasting Powers of Attorney?
A Lasting Power of Attorney is a legal document which is used to enable you to appoint someone else to deal with your affairs on your behalf should you become unable to do so yourself. You can appoint more than one person to act on your behalf, you can appoint for example two people to jointly deal with your affairs if you so wish.
The reason to have a Lasting Power of Attorney prepared, is that, if you subsequently become unable to deal with your own affairs due to a mental or physical impairment, then the Attorneys whom you have appointed, are then able to seamlessly deal with your affairs on your behalf.
Without a Power of Attorney, people are not automatically able to deal with your affairs on your behalf, even close relatives such as husbands, wife’s and children, do not have the automatic authority or access to your affairs should you lose capacity unless you have legally appointed them as your attorneys. In practice, this would mean that without a Power of Attorney, no one could access your bank account in order to pay for care fees and other outgoings on your behalf.
A Lasting Power of Attorney can only be legally drawn whilst you still have full mental capacity. It is for that reason, that we urge everyone to have a Lasting Power of Attorney drawn. Our capacity can be affected at any time, not just due to illnesses such as Dementia, but also as a result of a stroke or even car accidents can cause people to loose capacity amongst other illnesses and accidents.
There are two types of Lasting Power of Attorney
- Property and Financial Affairs
- Health & Welfare
These documents enable your attorney/s to deal with the following matters on your behalf:-
Property and Financial Affairs
- Buying & Selling Property
- Paying for care fees
- Opening, closing and operating a bank, building society or other account
- Claiming and receiving benefits, pensions, inheritance and other income
- Dealing with tax matters
- Payment of debts and outgoings
- Insuring & maintaining property
- Making investments & appointing financial specialists
- Paying for private medical treatment and nursing home fees
- Making gifts (should you wish the attorneys to do so)
Personal Welfare
- Make decisions on medical treatment and day to day care
- Decide where you will live
- Rights of access to personal information
- Complaints about care/treatment
- Dental or Optical treatment
- The ability to consent to or refuse life sustaining treatment on your behalf
You can appoint your Attorneys to deal with just your Property and Financial Affairs OR just your Health and Welfare, or you can appoint them to deal with all matters. You could also appoint different Attorneys for different matters.
How do I make a Lasting Power of Attorney?
Stage One: Preparation
We will discuss with you in depth your wishes and fully explain how the Lasting Power of Attorney will operate and the various options.
Once you have decided on who should act as your attorneys and how they will act, we will prepare the forms for you to sign and we will certify the documents as your Certificate Provider.
If your Attorneys are not present when we meet you, we will arrange to provide a full explanation of how the LPA will operate, forward detailed instructions to them regarding forms and arrange for them to complete their Declaration.
Stage Two: Registration
Your signed forms will only become valid for use once the OPG (“Office of the Public Guardian”) have inspected, approved and registered them.
A family member or close friend need to be notified that the LPA is being registered and we will write to them confirming that the LPA is being submitted to the OPG for registration.
The OPG require separate Registration Forms to be supplied alongside the LPA Form, as well as payment of the OPG’s Registration Fee of £110 per LPA (remissions or exemptions are available). Registration will take approximately 6-8 weeks.
Once these have been registered and received back by ourselves, we will arrange for a copy to be sent to you for your records and the original will be held in our strong room for safekeeping and only released on your instructions or if you are diagnosed as being incapable.
Other important information
Medical Records
During you period of incapacity it may be advisable for your attorney to be able to access your medical records. This is only possible if a separate letter of authority us given. If you wish us to do this you should let us know.
Your General Practitioner
If you complete a Health & Welfare LPA you may wish us to send a copy of it to your GP. We can do this on you behalf if requested.
Enduring Power of Attorney
A Lasting Power of Attorney (“LPA”) does not revoke an Enduring Power of Attorney (“EPA”) and the conflict between the two documents could create legal difficulties. You should therefore advise us if you believe you have an existing Enduring Power of Attorney.
Your Will
It may be important during a period of incapacity for your attorney to be able to access your existing Will, which strictly remains confidential until your death. If you wish your attorney to have such authority, we can prepare the appropriate letter.
Divorce
A Spousal appointment as attorney is automatically revoked on divorce. If you do not have a 2nd attorney or replacement the LPA will be revoked.
Expenses
You can authorise the payment of reasonable expenses incurred by the Attorney to a limit of £1,000 per annum.
Should you wish to discuss Lasting Powers of Attorney with an expert Solicitor, please do not hesitate to contact us either by completing the contact us form. Appointments are available in our Failsworth, Mossley and Stockport offices. Home visits are also available.
Client Testimonials
Will and LPA Preparation
Friendly, caring and personable but also professional and trustworthy.
January 29, 2019
Lasting Power of Attorney
A very professional and efficient service from Claire Atkinson. Kept informed of all that was going on.
Mr and Mrs Orme
January 9, 2019
Will Amendments
Initial contact was to update our wills which was fully dealt with to our full satisfaction through Kelly and Claire. Many thanks for your advice and explanation.
Anthony & Avril Jeffries
November 29, 2018
Will Amendment
Very friendly and efficient but I wouldn’t expect anything less from Harold Stock & Co. Always first class service. Will Amendment dealt with by Kelly Jackson.
Judith Fish
November 28, 2018
October Free Wills Month – Stockport
Very helpful, friendly and put me at ease. Would recommend to friends and colleagues.
November 15, 2018
Will & Lasting Powers of Attorney – Mossley
We found Claire Atkinson very easy to talk to and to discuss what we needed to sort out our affairs. The overall experience was very pleasant and was sorted very quickly. We also got a More
November 14, 2018
October Free Wills Month – Stockport
Very professional, efficient and friendly. Also gave me advice re: other matter as well as wills.
November 13, 2018
October Free Wills Month – Will Writing – Stockport
Very happy with all the information that was given by Francesca Rigby. Extremely professional and informative. Could not have asked for a better service and advice.
Arthur & Cheryl Greer
November 13, 2018
Will and Lasting Powers of Attorney – Ashton under Lyne
I thought the service was very good and very helpful in every way.
D J Woodward
November 13, 2018
Amendment to Will – Mossley
Kelly and Claire was very friendly and approachable. We felt very at east being able to ask questions and the answers we received made us feel secure.
Lydia Stent and Stuart Harper
November 9, 2018
October Free Wills Month – Stockport
Francesca was very helpful and a very pleasant person to speak to. I would recommend her to anyone, in fact, I did to my sister.
Catherine Steel
November 6, 2018
October Free Wills Month – Stockport
The matter of changing my will was handled efficiently and speedily by Francesca. She gave me useful info re: pension death beneficiary nomination which I had not previously considered. A first class service.
November 1, 2018
Will Writing – Stockport office
October 29, 2018
October Free Wills Month – Stockport
They were basic wills done during free wills month, and we were pleased to be able to use this service. As some of the information needed in order to make certain decisions was new to More
October 29, 2018
Will Preparation
Francesca explained our options and made making our wills painless. We would highly recommend your services.
Thomas & Janet Potts
October 25, 2018
October Free Wills Month – Stockport
Francesca explained our options and made making our wills painless. We would highly recommend your services.
October 25, 2018
Will Writing – Stockport
Very friendly, helpful and easy to talk to.
Catherine Bracewell
October 25, 2018
Will Writing + more!
I was absolutely delighted with Francesca Rigby’s very professional, kind and patient help in preparing my will, and with all the advice she gave me for that as well as providing extensive advice on my More
Victoria King
October 23, 2018
Will Amendment – Mossley
A very professional service and excellent advice.
Michael Orme
October 15, 2018
Will Writing – Mossley
Explained everything very clearly and concisely. Claire had a very friendly and welcoming manner.
Neiland Shirley Tuersley
October 9, 2018
Probate and Estate Administration – Mossley
Good communications when applicable, efficient service, friendly.
Richard Kenworthy
October 5, 2018
Will Writing – Failsworth
Ivana came to the house because I am disabled. She was extremely efficient and courteous, as was her aide. A credit to your company.
Mrs J
September 24, 2018
Will Writing – Failsworth
Thank you for a courteous and friendly service extended to us both.
Mr & Mrs H
September 21, 2018
Lasting Power of Attorney – Mossley
Vic and I find it hard to get about, so we really appreciated the home visits from Claire and her team.
Victor and Maureen Williams
September 19, 2018
Will Writing – Dukinfield
Very pleased with th service provided – very thorough – well explained. Everyone friendly, helpful and patient. Thank you.
Mr & Mrs G
September 14, 2018
Amendments to Will – Failsworth
Very personal and understanding approach. Very empathetic.
Mr G
September 6, 2018
Lasting Power of Attorney – Failsworth
Ivana was very polite and patient ensuring I understood all forms.
Mrs B
September 5, 2018
Will Writing – Chadderton
Our thanks to Kelly for explaining the various choices available relating to both our wills, helping us to select the right one.
Roy & Pamela Peel
August 23, 2018
Will Writing – Failsworth
Excellent service by Ivana Bailey
Mr & Mrs Schofield
August 23, 2018
Probate – Mossley
Claire (and the whole team) were so professional but also sympathetic and very supportive during the worst time of my life. She is amazing and I would recommend her to anyone.
Helen Lynch
August 14, 2018
Lasting Power of Attorney – Mossley
We were very happy with our service. Thank you.
Brian Taft
August 13, 2018
Will Writing – Stalybridge
I was very pleased with the efficient and pleasant manner Claire Atkinson advised me and dealt with my will.
August 10, 2018
Will Writing – Failsworth
Ivana Bailey was very helpful and friendly. She explained things clearly. Nothing was too much trouble, all reception staff were helpful and polite on the phone or entering the building. I was very satisfied with More
August 10, 2018
Lasting Powers of Attorney – Mossley
Professional, friendly and helpful
Stephen & Anne Swallow
August 7, 2018
Will Writing – Failsworth
Very friendly people. We weren’t kept waiting.
August 1, 2018
Will Writing – Mossley
Kelly was very helpful and soon put me at ease.
August 1, 2018
Lasting Power of Attorney – Royton, Oldham
Wills, Trusts and Probate Solicitors
The Wills, Trusts and Probate Team at Harold Stock & Co Solicitors will help you plan for the future, providing clear advice and helping you to safeguard your financial security now and in the future.
How can Harold Stock & Co help me?
Our Wills, Trusts and Probate team are experts in all areas of wills, trusts and estate planning. We understand that when it comes to the planning of your future, one size does not fit all and we will tailor our advice to your individual needs.
We can assist in the following areas:
Solicitors for the Elderly
Claire Atkinson and Francesca Rigby are Full Accredited Members of Solicitors for the Elderly.
SFE is a national association of independent lawyers who specialise in older client law. As specialists, SFE members are also trained in older client care so that they are able to take into account any difficulties both mental and physical which can affect older and vulnerable clients and are aware of the health and social problems that people may face.
SFE members will provide independent advice, which is in the best interests of older or vulnerable clients, respecting their dignity and understand their need for a holistic approach to problem solving.
All advice given is confidential. They will endeavour to follow a plain English policy ie they will always communicate in easy, understandable language and will explain any necessary legal terminology. Their wealth of experience and training will help to put people at their ease when dealing with complex, life changing issues.
All SFE Full Accredited Members:
- Are specialists in advising older and vulnerable clients on legal matters.
- Are fully qualified solicitors, barristers and chartered legal executives who have all undertaken additional specialist training in older client law.
- Have spent a substantial amount of their time working with older and vulnerable clients.
- Have gained the Older Client Care in Practice Award which is accredited by SJF (Skills for Justice) a government body which shows that they have the required additional skills to be able to advise and support older and vulnerable people.
- Follow a strict code of practice.
- Are committed to providing affordable, good quality legal advice.
- Are regulated by their professional bodies such as the Solicitors Regulation Authority.
- Keep their knowledge and skills up to date by undertaking regular training
Francesca Rigby is a full member of STEP. STEP is a global professional association for practitioners who specialise in Private Client matters. As a full STEP member, Francesca is recognised as an expert in the field of Wills & Probate with proven qualifications and experience.
Should you wish to discuss any of the issues above with an experienced Solicitor, please fill out our feedback form on the right or contact one of the team below.
Client Testimonials
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Meet our Wills, Trusts and Probate Team
Mr J LeBrun
July 23, 2018
Mr and Mrs Evans – Wills & Probate – Mossley
Over the last couple of years we have used your services. Dealing with Claire Atkinson each time. These issues have been sensitive and emotional. Claire has been an absolute tower of strength and exceptional knowledge. More
Julie & Chris Evans
July 18, 2018
Lasting Powers of Attorney
Our only concern was the length of time it took and the number of times the papers were requested to be signed by the Office of the Public Guardian. We know this was out of More
Mrs R Tonepohl
July 16, 2018
Preparation of Wills
Claire Atkinson was very professional, yet friendly. Putting us totally at ease.
Teresa & Steven Ainsworth
July 2, 2018
Will Writing – Mossley
Could not fault Kelly!!! Really, really helpful. Pleasant and obliging – Excellent!!
Mrs T
June 14, 2018
Will Writing – Failsworth
Really appreciate fitting in 2 appointments in the same week.
Mr & Mrs C
June 8, 2018
Will Writing – Bramhall
Kelly Jackson was very responsive to my emails proving clear and precise responses.
Darren & Elizabeth Shaw
June 6, 2018
Lasting Power of Attorney – Mossley
We were satisfied with the way Harold Stock (Claire Atkinson and Kelly Jackson). We thank you.
Mr & Mrs Harrison
June 4, 2018
Will Writing – Mossley
The situation regards my will was explained very clearly. The additional queries regards my partners will was also explained clearly.
Mr M
May 22, 2018
Probate – Dobcross, Oldham
Claire and her team have been incredibly helpful re all business transacted. She is approachable and personable and was tuned in to my (and Catherine’s) circumstances. Nothing was too much trouble and she even arranged More
Barbara Hearne
May 22, 2018
Will & Lasting Power of Attorney – Ashton under Lyne
Claire Atkinson was very professional and very friendly. I will be very confident to come back again should I need legal advice in the future.
Mr Lumley
May 15, 2018
Claire Atkinson – A credit to your company
Over the last couple of years we have used your services. Dealing with Claire Atkinson each time. These issues have been sensitive and emotional. Claire has been an absolute tower of strength and exceptional knowledge. More
Mrs & Mrs Evans
May 4, 2018
Will Writing – Stalybridge
I thought the service I received was friendly, helpful and professional. On receipt of a copy of the will, I needed to make an amendment. This proved to be a simple matter and was dealt More
Mr R
April 26, 2018
Will Writing – Failsworth
Been using Harold Stock & Co since 1999 for any legal reasons. I find them helpful and trustworthy. Helpful with any paperwork or forms to fill in. Nice people.
Mrs K Pickering
April 19, 2018
Will Writing – Disley
Just to say thank you again Paul and Kelly for all your hard work which is much appreciated.
Marnie Dean
April 19, 2018
Meet our Wills, Trusts and Probate Team
Telephone: 0330 400 4040