When giving someone power of attorney, using a legal professional keeps everything safe and secure. But who will you use? An internet search for “power of attorney solicitors near me” isn’t enough.
These are crucial decisions that will have a direct impact on your quality of life or that of someone close to you.
According to the Law Society, using experienced power of attorney solicitors is the best way to set up this kind of arrangement and make sure it is in the best interests of the donor.
To discuss any of our services, please either call us on 01244 917 822 or complete a Free Online Enquiry.
Here’s what you need to know before you do:
What is the difference between Power of Attorney and Lasting Power?
Before you decide which solicitor to use, it’s important to understand that there is more than one type of power of attorney:
1) Standard Power of Attorney
A “standard” Power of Attorney (PA) lets one individual make decisions for another, the donor. This can only be while the donor has mental capacity and for matters of finance, property, and investments.
It’s often used when one individual can’t be present because of illness or immobility, whereupon their attorney signs documents or makes decisions on their behalf.
A standard Power of Attorney normally has a set end date. It also ends if the donor loses the mental capacity to make decisions.
2) Lasting Power of Attorney
As the name suggests, a Lasting Power of Attorney (LPA) gives someone the ability to make decisions on a donor’s behalf on a more permanent or longer-lasting basis.
There are two types of LPA. One governs financial decisions, covering similar areas to a standard Power of Attorney. The other is an LPA for health and care, covering everything from medical care decisions to the donor you will live, eat, and who you can see.
This kind of power of attorney will only come into effect if the donor loses mental capacity – the ability to make decisions for themselves. They have to possess mental capacity in order to set up the LPA in the first place.
This kind of PA is commonly put into place when a person becomes aware they may lose the ability to make decisions in future because of a progressive condition such as dementia.
3) Enduring Power of Attorney
As of 2007 and the Mental Capacity Act, no new Enduring Power of Attorney can be applied for. These once covered a similar sort of area as an LPA for financial decisions, but are now outdated.
An Enduring Power of Attorney registered before the cut-off date in 2007 will still have force but may need to be updated to be in line with the act.
Why use a Power of Attorney solicitor?
You do not legally have to use a solicitor to register a Power of Attorney or an LPA. However:
- Life-altering decisions – these are often critical, highly personal decisions that will govern your quality of life. It’s worth knowing the arrangements are correct and legally binding.
- Professional advice – with such weighty legal and personal matters, it’s good to get expert advice as to the best way to proceed. A solicitor will provide that.
- Remove the burden – help loved ones by taking these stressful and challenging decisions out of their hands and entrusting them to a professional.
How to choose a Power of Attorney solicitor near you
Finding a trustworthy power of attorney solicitor near you calls for more than a quick internet search. It’s a good idea to:
- Get in touch – the best way to determine if you can form a good working relationship with your solicitor is to speak with them. It’s always nice to deal with people who are friendly and approachable as well as legal experts.
- View their reviews or reputation – online reviews can help illuminate a practice’s reputation, though it’s important to remember that most satisfied clients don’t tend to write reviews.
- Check their history – how long has the practice been in the local area? For example, E A Harris has served Shotton, Connah’s Quay, Queensferry, Ewloe, Hawarden and Buckley for over 100 years.
What the solicitor will need to know
Before they can give you helpful and accurate advice, any power of attorney solicitor will need to know:
- Your will status – whether you have made a will.
- Your attorney choice – who you would choose to make decisions for you.
- Your assets – including any property and your income.
- Your special wishes and conditions – any ways you may want your assets to be handled or medical conditions you might have.
- Your permission to get this advice – if you are acting on behalf of someone else who may wish to give you their attorney.
Once they have this, your chosen solicitor should have everything they need to guide you in setting up the correct kind of power of attorney in a way that is good for you, the donor, and your nearest and dearest.
Not sure who to rely on when you need Power of Attorney solicitors in Shotton, Connah’s Quay, Queensferry, Ewloe, Hawarden or Buckley?
Let’s talk about it. For over a century, local people have turned to E A Harris when they needed solicitors they could trust.
Contact us today to get a cost and commitment-free quote or to get expert advice from our friendly and approachable team.
Get in touch today.
To discuss any of our services, please either call us on 01244 917 822 or complete a Free Online Enquiry.