Power of Attorney Solicitors Cardiff | Berry Smith

Power of Attorney Solicitors in Cardiff

Lasting Powers of Attorney, incapacity and Court of Protection

“My mother is getting very forgetful and cannot look after her money. What can I do?”

There are situations in life where a person may lose the ability to make decisions for themselves due to illness, injury or conditions such as dementia. In these circumstances, seeking advice from power of attorney solicitors in Cardiff can help families understand the legal options available to protect a loved one’s finances, property and personal welfare.

If someone begins to experience memory loss or other signs that they may struggle to manage their affairs in the future, it is sensible to consider putting a Lasting Power of Attorney (LPA) in place. Our solicitors regularly advise clients, helping them arrange legal authority for trusted individuals to make decisions on their behalf if they lose mental capacity.

Planning with a Lasting Power of Attorney

A Lasting Power of Attorney must be created while a person still has the mental capacity to make that decision. If capacity is lost before an LPA is in place, it is no longer possible to create one. In those circumstances, the only option may be for a family member or another appropriate person to apply to the Court of Protection to act as a Deputy and manage the person’s affairs.

The Role of the Court of Protection

The Court of Protection is responsible for overseeing the financial and welfare matters of individuals who are unable to make decisions for themselves because of mental incapacity. The court can appoint a Deputy to make decisions on their behalf, but this process can take several months and may involve additional legal and administrative costs.

For many families, arranging a power of attorney in advance is a practical way to avoid uncertainty if circumstances change. A Lasting Power of Attorney allows you to choose someone you trust to manage important decisions, providing reassurance that your affairs will be handled in accordance with your wishes.

Contact our Experts

Our power of attorney solicitors in Cardiff can guide you through the process of preparing and registering a Lasting Power of Attorney, ensuring the documents are completed correctly and reflect your intentions. Taking steps early can provide clarity and protection for both you and your family.

Berry Smith Fees:

We charge £425 plus VAT and disbursements for a single power of attorney and £650 plus VAT for joint powers.  This could be, for example a husband and wife making a power of attorney each or an individual making both types of power namely one for property and affairs and one for health and welfare. If two people wanted to make both types of power of attorney, our fees would be £795 plus VAT. There is an additional registration fee of £82 for each power of attorney which is payable to the Office of the Public Guardian  which oversees the system and validates the documents for use.

Department: Private Client

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If you would like a no obligation discussion, please feel free to contact us either by phone on 02920 345511 or emailing us below.

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Power of Attorney FAQs

Why should I appoint power of attorney solicitors?

 Appointing experienced power of attorney solicitors in Cardiff ensures your documents are prepared correctly, properly registered and tailored to your personal circumstances. Professional guidance reduces the risk of errors and ensures your wishes are legally protected.

What is the difference between a power of attorney and a lasting power of attorney?

 A lasting power of attorney is a formal document that remains valid if you lose mental capacity. Other types may only apply in limited situations. A solicitor can advise on which arrangement best suits your needs.

How long does it take to register a lasting power of attorney?

Registration with the Office of the Public Guardian usually takes several weeks. Timeframes can vary depending on processing volumes, but your solicitor will manage the process and keep you informed.

Can I change or cancel my power of attorney?

 Yes. As long as you have mental capacity, you can amend or revoke your arrangements. It is important to seek advice to ensure changes are properly documented and legally valid.

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Our approachable team of dedicated professionals have extensive legal and practical experience. So if you have a legal problem, we can help you out.

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