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Wills & Probate

Powers of Attorney

A Power of Attorney is a legal document that allows you to give someone else the legal authority to act on your behalf.  There are several different types of Power of Attorney. A Lasting Power of Attorney (LPA) (previously called an Enduring Power of Attorney) allows your attorneys to make decisions for you when you no longer wish to, or when you lack the mental capacity to do so.

When making an LPA you are permitting someone to act on your behalf when you are no longer mentally capable of making decisions on your behalf. An LPA is therefore a very powerful document and we would suggest taking legal advice to ensure that there can be no risk of abuse of the power given.

Using our expertise in this area Williamsons will guide you through the various decisions that need to be made when making an LPA. We will complete all of the numerous forms, taking the stress out of ensuring that the legal formalities are complied with.

What are the different types of LPA?

There are two different types of LPA:

  • Health and Welfare
  • Property and Financial Affairs

A Property and Financial Affairs LPA allows your attorneys to make decisions regarding your finances. This could include decisions about paying bills, operating your bank accounts or even selling your home.

A Health and Welfare LPA allows your attorneys to make decisions for things such as medical treatment, accepting or refusing types of health care and whether or not you continue to live in your own home. You can also give your attorneys the power to make decisions about life-sustaining treatment for you. Your attorneys can be the same as those appointed under the Property and Financial affairs LPA.

What could happen if I decide not to make an LPA?

If you decide not to make an LPA and subsequently lack the mental capacity to understand the nature and effect of the document you may no longer be able to create an LPA.  In those circumstances, if you are no longer mentally capable of dealing with your financial affairs, someone will have to make an application to the Court of Protection to be appointed as what is called your Deputy. This process applies even if the person incapacitated is your spouse or civil partner. To avoid the Court making decisions on your behalf it is therefore beneficial to create an LPA because it allows you to decide in advance:

  • the decisions you want to be made on your behalf if you lose the capacity to make them yourself
  • the people you want to make these decisions
  • how you want the people to make these decisions

Having a Lasting Power of Attorney is a safe way of maintaining control over decisions made for you because:

  • it has to be registered with the Office of the Public Guardian before it can be used
  • you choose someone to provide a ‘certificate’, which means they confirm that you understand the significance and purpose of what you are agreeing to
  • you can choose who gets told about your Lasting Power of Attorney when it is registered (so they have an opportunity to raise concerns)
  • your signature and the signatures of your chosen attorneys must be witnessed
  • your attorneys must follow the Code of Practice of the Mental Capacity Act 2005 and act in your best interests

Is it necessary to use a Solicitor?

When making an LPA you are permitting someone else to act on your behalf when you are no longer capable of making decisions for yourself. An LPA is therefore a very powerful document and we would suggest taking legal advice to ensure that there can be no risk of abuse of the power given.

Using our expertise in this area Williamsons will guide you through the various decisions that need to be made when making an LPA. We will complete all of the numerous forms taking the stress out of ensuring that the legal formalities are complied with.

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Mrs Kathleen A

Excellent relationship management, clear and concise advice including option analysis. Very happy with all aspects of the service provided and the outcomes achieved. Friendly professional service.

Mr & M

Carey Robinson acted as our Solicitor on a recent commercial purchase and she was brilliant. Carey was super efficient and we were kept up to date on every aspect of the purchase. From start to finish our "Property Auction" purchase only took 7 working days to complete. We will definitely be using Carey again and can highly recommend her 5 star service.

Anonymous

Friendly, fast and efficient. Sale of property went very well.

Anonymous

I have nothing but praise for Gordon Sewell at the Hull office. He conducted my unusual and difficult civil case with great care and understanding. Gordon also injected the right amount of sympathy for my plight without being unprofessional. I would recommend him to anyone needing a clued up civil litigation lawyer.

Richard K

very helpful and efficient. thanks to all

Peter R

Mr Nick Gray was assigned my enquiry and worked with me throughout. He made himself available at all times and was always supportive to me on numerous occasions when I found myself unsure and admittedly nervous. He never let me down. I believe his advice was always good and I relied on it throughout. I think the award was the best I could have obtained and in conclusion I can honestly say that I am happy. The other contact I have had over the years was your receptionist, the face of your company. I was always greeted with a smile and the offer of a cup of coffee. On the occasions I visited your Hull office I was always made to feel important. Thank you.

Anonymous

Professional and courteous team. Recommend highly.

Gareth M

I’ve rated my experience with Williamson’s solicitors as excellent.My case was handled by Mr. Gordon Sewell. Mr. Sewell was very quick to get to work on my case, as was necessary at the time. Everything he did for me was thorough and made sure I had every chance in my case. Everything Mr Sewell did for me turned out a success and I couldn’t have been happy with the way he dealt with myself, could communicated with myself and dealt with the case in its entirety.I wouldn’t hesitate to use Williamson’s solicitors again should I require it and would recommend their services to anyone. In fact, I already have since my experience!Thanks again Gordon.

Dom W

Recently used Williamsons Solicitors as part of a remortgage and some other matters. Can't fault their service at all. Carey dealt with my file and was polite, professional and informative from beginning to end. Always kept me up to speed with progress. I would highly recommend them.

Mrs Margaret W

Excellent service with a friendly face

Mr Martin a

Was very happy with the service given by Williamsons solicitors who dealt with the probate of a friends will and also the selling of her property. Especially Diane Ramsden whose help was invaluable.

Anonymous

Williamsons took on my case following the collapse of another Hull legal practice. Despite them having to pick up a large amount of work already completed by others, they worked tirelessly to ensure the correct outcome for me. I cannot recommend this company highly enough, they go above and beyond the norm to make sure their clients are treated fairly.

Anonymous

We used Williamsons for selling and buying a property, we found Jane Cousins and her assistant Sam Pollard to be pleasant, professional and efficient. Lisa on reception downstairs was particularly helpful and polite. Thank you to you all.

Mr J G

Avery good service with very professional and knowledgeable staff.

Anonymous

Brilliant, thank you for helping me make this process easier.

Mr G B

I would recommend Williamson’s to any potential client. From the onset I was supported throughout a very difficult conveyance and my solicitor was very professional at all times. It is advisable to engage the services of a local company and not one advised by online estate agencies. Very competitive pricing too. Thank you Williamson’s.

Mr and Mrs Overall

Very helpful quick excellent service Have dealt with both Jenny Holloway and Emma Hudson in the past and on each occasion have found them both excellent and would recommend them both to any future clients Thank you once again for your excellent professional service

Mr C P

Brilliant communication and a first class effort despite a Rocky move, Jenny and Emma at the Hull city centre branch where fantastic.

Ms A

Very helpful and attentive, would definitely recommend Samantha/Jane of Williamsons sollicitors

Sue L

Our solicitor Carey Robinson was at all times helpful and professional, nothing was too much trouble. I would not hesitate to recommend her to friends and family.

Barbara C

I have used Williamsons Solicitors twice this year - for obtaining probate and for the sale of a leasehold flat and on both occasions I have found Williamsons to be extremely efficient and speedy. They were very knowledgeable and kept me well informed at all times. Any queries I had were answered promptly and all advice given was accurate and most helpful. I would not hesitate to recommend Williamsons to anyone in need of a first class, reliable and customer friendly solicitor. Thank you for making a traumatic situation as stress free as possible.