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Powers of Attorney
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?”
It is an unfortunate fact of life that a person can lose the capacity to make decisions for themselves because of an injury or condition such as an accident or dementia. This can lead to them losing the ability to deal with everyday things.
Where an individual starts beginning to forget things and this is recognised as being the onset of something more serious it is worth considering obtaining a Power of Attorney. If a person loses their capacity to the extent that they cannot make decisions for themselves it is then too late to make a Power of Attorney, and the only alternative is for a third party to apply to the Court of Protection to act as their Deputy and handle their affairs on their behalf.
The Court of Protection is the court that oversees the affairs of people who lack the capacity to deal with their own affairs by reason of some mental condition or injury. The court has the power to appoint individuals to act on behalf of a person in this situation and the appointed person is called a Deputy.
Applications to the Court of Protection can take months to complete and can leave the families of an incapacitated person in a difficult position in trying to deal with their affairs in the meantime.
In addition the costs of applying to the Court of Protection is a more expensive process than obtaining a Lasting Power of Attorney at a fixed price.
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 £750 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
If you would like a no obligation discussion, please feel free to contact us either by phone on 02920 345511 or emailing us below.
Our approachable team of dedicated professionals have extensive legal and practical experience. So if you have a legal problem, we can help you out.
What our clients say
Experts in the field.
They are very responsive, experts in the field and very good to deal with. They are commercial minded as well and make the transaction very smooth.
S D – Business Client
Professional, friendly legal team.
Professional, friendly legal team. Good responsiveness and sound advice throughout the process
S B – Client
Really great people.
Excellent professional advice, really great people.
M J – Business Client
All round an excellent experience.
Excellent advice – flexible and responsive with timings and availability to reach a tight deadline – reassuring in tone and delivery. All round an excellent experience.
N J – Business Client
They never fail.
Our main reasons are the easy relationship with partners and the never-failing promptness of their response to our queries. Personal contact at all times. The considerable reliance we came to place on their general legal advice. The firm’s approach and method of working was at all times conscientious and professional
J J – Client
Never had a bad experience with them.
Always use Berry Smith for all Legal work, have done for over 15 years & will continue to do so. Never had a bad experience with them.
S P – Business Client
Very easy to understand.
I found the lawyer dealing with my case was able to assess the content of the dispute quickly and then gave easy to understand options together with risks associated with each option.
S P – Business Client
Much better than any other solicitors
Excellent service by a friendly and proactive team. From the start the guidelines clarity of the process and the team communicated well regarding updates. A much better than any other solicitors I have dealt with and a thoroughly professional team to deal with.
M J – Client
Whilst the contact was totally professional, I enjoyed the friendly, “down-to-earth” approach, we could talk on a human-to-human level without the technical speak that you sometimes meet with legal representatives. I also considered that there was a business like, practical attitude
S N – Business Client
Very easy to work with.
Impressed with speed of responses and overall experience. Although a relative straightforward matter, processes completed quickly and efficiently. Easy to work with.
C M – Client
Professional, great communication and very supportive
Really professional, great communication and very supportive. Email and telephone calls were always replied/returned promptly. Very knowledgeable and guidance was always readily available. I have already recommended Berry Smith to a number of friends.
S Z – Client
Friendly, polite and extremely prompt
Everyone I’ve dealt with during the process has been friendly, polite and extremely prompt, and managed to complete the conveyancing on a purchase and sale just before the end of the stamp duty holiday- couldn’t be happier!
E H – Client
Clear, concise, professional
The lady that dealt with my case, was clear, concise, professional and kept me informed at every stage. She was excellent.
A C – Client
Customer care and attention was very thorough
Customer care and attention was very thorough; there was a strong sense that the firm was determined to achieve the best outcome for its clients.
P M B – Client
All meetings were friendly and professional.
I felt communicated with and always in the loop. Any questions I had were answered promptly. All meetings were friendly and professional.
R P – Business Client
Very responsive, knowledgeable and facilitative
It was such a relief to have representation through what is otherwise a very isolating process of undergoing a MBO. Communication was great, very responsive, knowledgeable and facilitative.
C P – Business Client
Advice given was clear and concise
The advice given was clear and concise, the response to the initial contact was prompt and this has been reflected in all the work carried out. I am transferring some property between two SIPP’s and l was very pleased to find the new SIPP had appointed Berry Smith to act on my behalf.
E A – Client
High levels of experience
High levels of experience and technical ability were employed to deliver a comprehensive solution.
P F – Business Client
First class service
A first-class service. Good advice, prompt responses to all enquiries and very good value.
S W – Client
Thanks for all your support.
Thank you so much for all the help, understanding and support to reach this point, it’s been very much appreciated
A M – Business Client
Felt at ease during the process.
Very clear advice, felt at ease during process. I would be happy to use again when I require legal advice.
N R – Client
Professional & Responsive
Professional service, dealing with a single point of contact who is helpful and responsive. Also, having the weight of the Berry smith brand behind us, adds credibility to our business.
A M – AM – Business Client
We felt that you had an immediate understanding of our requirements. Your response was illustrated in a way whereby we were not clouded by “Legal” jargon. Your team are very approachable.
L C – Client
I couldn’t fault the care and attention.
I couldn’t fault the care and attention given by Berry Smith Lawyers. Their attention to detail and professionalism resulted in a successful outcome to my claim, despite a few setbacks along the way.” I hope I won’t need their help again but wouldn’t hesitate to contact them should the need arise.”
A B – Client
Service provided was excellent.
First solicitor I have ever had any confidence in! I loved how easy my claim was and the service provided was excellent!
T M – Client