Wills & Probate
FAQs
- How do I get a Power of Attorney for my mother or father?
- What is the difference between a Lasting Power of Attorney and Deputyship?
- How many Attorneys can I have?
- Can I object to a Lasting Power of Attorney?
Our trusted Wills & Probate Team can help you create Lasting Powers of Attorney, giving peace of mind should anything unexpected happen.
Lasting Powers of Attorney (LPA) allow you to choose who makes decisions about your property and finances, and your health and welfare if you ever become unable to do so yourself.
Our trusted team has a wealth of experience handling all aspects of Powers of Attorney.
Contact our LPA expertsWe recommend that all adults plan for the future and have Lasting Powers of Attorney in place, even those in perfect health.
It’s not always possible to know what is around the corner. An accident, illness or condition affecting your mental health could reduce your capacity to make decisions for yourself.
When you create a LPA, you (the ‘donor’) will appoint one or more trusted people (‘attorneys’) to make decisions on your behalf in this were to ever happen.
There are two types of Lasting Power of Attorney.
Property and financial affairs: Power to manage bank accounts, make investments, handle income, run business operations, and sell or manage your property.
Health and welfare: Power to make decisions about medical care, residential care arrangements, where you live and life-sustaining treatments.
It is the attorney’s duty to always act in your best interests. You have the ability to choose different attorneys for each type of LPA and give them detailed instructions to guide their decision making.
We offer a first-class service in preparing and registering financial and welfare Lasting Powers of Attorney.
We will walk you through every stage of the process and draft a document that accurately reflects your wishes. We will also register the LPA at the Office of the Public Guardian.
We can provide your attorneys with practical advice as to how to use the LPA when dealing with banks, building societies and buyers or sellers of property.
All our Power of Attorney work is done for a fixed fee, with no hidden costs – explore our fixed fees.
From our office at No. 6 Colton Mill in Leeds, we’ve helped hundreds of people across the Leeds and Yorkshire region to draft effective Lasting Powers of Attorney.
Our expert Wills & Probate team offers the full range of estate planning services, including Will writing, inheritance tax planning and deputyship, so you’re covered for every life eventuality.
We are proud to be a Legal 500 Leading Firm with a regional reputation for top-quality service. We are rated ‘Excellent’ on Trustpilot and 98% of customers say they would use us again.
No. It is easy to presume an LPA is only relevant later in life, but an accident, illness or loss of mental capacity can happen at any age.
It depends on the type of LPA.
A property and financial affairs LPA can be used as soon as it is registered, as long as you give permission.
A health and welfare LPA can only be used if you lose the capacity to make these decisions yourself.
A poorly-drafted LPA could result in disputes between attorneys, or even be rejected by the Office of the Public Guardian. We would always recommend having these documents professionally prepared.
No. It is a common misconception that there is an automatic legal right for a spouse or next of kin to make decisions on your behalf.
This only arises if you have an LPA in place, or if the Court of Protection appoints someone.
Your loved ones must apply to the Court of Protection to be appointed as a deputy. This process can be slower and more expensive than having an LPA in place initially.
It only takes a few weeks from the initial appointment to take your instructions to having the documents prepared.
The process can be quicker if all Attorneys can be in attendance at the signing appointment. If the LPA needs to be posted out to Attorneys, this will of course add additional time to the process.
Once the LPA is submitted for registration, it can take the Office of the Public Guardian up to 12 weeks to deal with the formalities.
Yes. It’s possible to cancel an LPA or make a new one at any time as long as you still have mental capacity, but once completed you cannot add or replace attorneys to the existing document.
“During a difficult time, my solicitor was so understanding and reassuring. Excellent service.”
“We were very pleased with all the staff at Emsleys that we dealt with. We trust them all to deal with our affairs.”
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If you would like to speak to a member of our Wills & Probate team, please contact us on 0113 201 4900 or complete the following form:
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