Lasting Powers of Attorney (LPAs)

Lasting powers of attorney (LPAs)

If you’re concerned about family conflicts, lack a trusted person to act on your behalf, or simply want the reassurance of professional expertise, appointing a solicitor as your attorney could be the ideal solution.

Why consider a professional attorney?

Choosing who will act on your behalf under a Lasting Power of Attorney (LPA) is a decision that requires careful thought. The person you appoint will have significant authority over decisions affecting your health, welfare, and finances if you lose the capacity to make these decisions yourself.

Opting for a professional attorney, such as a solicitor, offers distinct advantages that ensure your best interests are always protected.

Want to create a lasting power of attorney? Click here.

Independence & neutrality

A professional attorney provides an unbiased approach to decision-making, which is especially important if you are concerned about potential family conflicts. They are independent of any family dynamics, ensuring decisions are made objectively and solely in your best interests.

Avoiding family disputes

Appointing a family member can sometimes lead to tension or disagreements, particularly in situations involving finances or healthcare. A professional attorney eliminates these risks, providing a neutral and consistent voice to manage your affairs without personal bias or emotional involvement.

Professional standards & expertise

Solicitors are bound by strict professional and ethical standards, ensuring that they act in line with legal requirements and your stated wishes. Their expertise extends to navigating complex issues that often arise as health or circumstances change, such as:

 

  • Liaising with healthcare providers to secure the best care.
  • Making informed decisions about suitable accommodation.
  • Ensuring you receive all entitled financial support and benefits.

Experience with complex situations

Professionals have experience managing scenarios that may be challenging for non-professionals, including handling disputes with service providers, navigating legal frameworks, and dealing with financial institutions. Their in-depth knowledge ensures that every decision is made carefully and with due diligence.

Peace of mind for you & your loved ones

A professional attorney provides reassurance that your wishes will be respected and executed with precision, even in the most challenging circumstances. Your loved ones are freed from the emotional and logistical burden of making difficult decisions, allowing them to focus on supporting you rather than managing your affairs.

Benefits of appointing a specialist solicitor as your attorney

A professional attorney doesn’t just manage your affairs—they bring a level of expertise, accountability, and strategic insight that ensures your best interests are upheld, no matter what challenges arise.

Here’s why choosing a specialist solicitor as your attorney can make all the difference:

Expert decision-making

Solicitors have a thorough understanding of the legal, financial, and health-related complexities that often accompany an LPA. Their expertise ensures that your assets are managed efficiently, your healthcare preferences are honoured, and your overall welfare is prioritised.

Enhanced accountability

Unlike family members or friends, professional attorneys are regulated by professional bodies, such as the Solicitors Regulation Authority (SRA). This oversight ensures they are held to the highest standards of conduct, with a legal obligation to act in your best interests at all times.

Tailored financial management

A solicitor can handle intricate financial tasks such as budgeting, managing investments, and ensuring tax efficiency. They will also make sure that any financial entitlements, such as pensions or benefits, are secured and properly utilised.

Specialised knowledge for health & welfare decisions

Professional attorneys are experienced in liaising with medical professionals and care providers. They can advocate on your behalf to ensure you receive the highest standard of care, in line with your stated preferences.

Consistency & reliability

Solicitors offer continuity in decision-making. If unforeseen circumstances arise, their training ensures decisions are logical, consistent, and aligned with your wishes. Unlike family members, who may face emotional or logistical challenges, a professional attorney provides unwavering support, even during difficult times.

Protection against mismanagement

Appointing a professional attorney reduces the risk of financial or administrative mismanagement. Their legal expertise ensures compliance with the Office of the Public Guardian’s (OPG) requirements and safeguards against any breaches of duty.

Costs of appointing a professional attorney

One of the most common concerns when considering a professional attorney is the associated cost. While appointing a solicitor as your attorney involves fees, it also provides invaluable peace of mind and expert management of your affairs. We ensure complete transparency regarding costs, so you know exactly what to expect.

Understanding professional attorney fees

  • Hourly rates: Professional attorneys typically charge for their time on an hourly basis. This rate accounts for the time spent managing your affairs, from financial decisions to liaising with care providers.
  • Fixed fees: In some cases, specific tasks can be completed for a fixed fee, offering clarity and predictability in pricing.

Tailoring costs to your needs

Costs can be customised based on the complexity of your circumstances. For instance:

  • Simple financial management will involve fewer hours compared to managing large estates or complex investments.
  • Welfare and healthcare-related decisions may require more involvement as your needs evolve.

To help manage costs, provisions can be added to your LPA to outline when a professional attorney’s role should begin, such as only after you lose capacity.

Safeguards for cost control

Provisions can be included in the LPA to ensure costs are monitored and remain appropriate:

  • Setting a budget for professional attorney work.
  • Requiring approval from a third party for larger expenses.
  • Periodic reviews by an independent body, such as the court or an arbitrator, to ensure costs remain reasonable

The value of professional expertise

While appointing a family member or friend might seem cost-effective, mistakes or mismanagement could lead to costly issues later. A solicitor’s expertise minimises these risks, potentially saving significant amounts in the long term by ensuring your finances, healthcare, and welfare are managed effectively.

Transparent communication about fees

At Anthony Gold Solicitors, we believe in complete openness when discussing fees. Before any work begins, we’ll provide a clear breakdown of the hourly rate or fixed fees, so there are no surprises.

Words from our clients

The court of Protection team went above and beyond. My wife and I were delighted with their conscientious work ethic and their availability at all times. Not to mention their professional and knowledgeable attitude. We are eternally grateful to the entire team.

Mark Dodson

I have trusted the advice and services of Anthony Gold for 13 years. Always prompt and professional. I would strongly recommend their services.

Our Client

The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.

Patrick Folkes

Why choose Anthony Gold Solicitors?

Selecting the right professional attorney is a decision that impacts your future security and peace of mind. At Anthony Gold Solicitors, we combine unparalleled expertise, a client-focused approach, and a reputation for excellence to provide professional attorney services you can trust.

Recognised expertise

Anthony Gold Solicitors is ranked as a leading firm for Court of Protection matters by Legal 500 and Chambers and Partners, two of the UK’s most prestigious legal directories. Our team is known for delivering exceptional outcomes for vulnerable clients, with a meticulous approach to every case.

Specialist knowledge in complex cases

We specialise in handling cases involving individuals with significant healthcare, financial, or welfare needs. Our experience includes managing substantial funds from personal injury or clinical negligence claims and working closely with medical and care professionals to ensure our clients’ needs are fully met.

Commitment to vulnerable clients

Our team is praised for being highly dedicated to protecting the interests of vulnerable individuals. We take pride in exploring every possible solution to ensure the best outcome for each client, no matter how complex the situation.

Independent & unbiased support

As professional attorneys, we act independently and without bias, making decisions solely in your best interests. Our impartiality ensures fairness and eliminates the risk of family disputes or emotional influences.

Comprehensive Court of Protection support

In addition to acting as professional attorneys, we provide full support with other Court of Protection matters, including:

  • Financial and welfare litigation.
  • Applications to the court for deputyship.
  • Dispute resolution and mediation in complex family situations.

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Professional attorneys for Lasting Powers of Attorney: FAQs

What is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint one or more trusted individuals (attorneys) to make decisions on your behalf if you lose the ability to do so. There are two types of LPAs: one for property and financial affairs, which enables attorneys to handle tasks like paying bills or managing bank accounts, and another for health and welfare, covering decisions about medical care, living arrangements, and more.

What are the different types of Lasting Powers of Attorney?

There are two types: Property and Financial Affairs, which covers managing money and assets, and Health and Welfare, which covers decisions about medical care and daily living.

Who can act as an attorney under an LPA?

Anyone over 18 whom you trust can act as an attorney. This includes family, friends, or professionals like solicitors, as long as they understand and respect your wishes.

Why should I choose a solicitor as my attorney?

A solicitor offers impartiality, expertise, and professionalism, ensuring decisions are unbiased, legally sound, and in your best interests, especially in complex situations.

What are the key benefits of appointing a professional attorney?

Professional attorneys provide independence, expertise, and accountability, ensuring your affairs are handled with professionalism and free from family conflicts.