Powers of Attorney Guide
Advice about Powers of Attorney in Teesside
A Lasting Power of Attorney (LPA) allows you to choose someone you trust to make decisions on your behalf if you are unable to make those decisions yourself. Putting an LPA in place is an important part of later-life planning. It can help ensure that someone you trust is able to deal with your finances, property, health and welfare according to your wishes.
Clive Barwell provides professional advice on Lasting Powers of Attorney for individuals and families across Teesside and beyond.
With extensive experience in later-life legal and financial planning, Clive can help you understand the different types of LPA, who you could appoint and the important decisions you need to consider before putting an arrangement in place.
Why Do You Need a Lasting Power of Attorney?
Many people assume that a spouse, partner or close family member will automatically be able to deal with their affairs if they lose mental capacity. This is not necessarily the case.
Without an appropriate Power of Attorney, your family may have to apply to the Court of Protection for a Deputyship order before they can deal with certain financial matters on your behalf. This can involve additional cost, administration and delay.
Creating an LPA while you have the mental capacity to do so allows you to decide who you want to make decisions for you and gives you greater control over what happens if your circumstances change.
Choosing Your Attorneys
One of the most important decisions when creating an LPA is deciding who you want to appoint. Your Attorney should be someone you trust to act in your best interests and make decisions responsibly.
You can appoint one or more Attorneys, but it is important to understand how they will be expected to make decisions and whether they should act jointly or jointly and severally.
Clive can help you consider the practical implications of different arrangements and the issues you should think about before making your decision.
When Should You Make an LPA?
You do not have to wait until you are elderly or experiencing health problems before making a Lasting Power of Attorney.
Loss of mental capacity can happen unexpectedly as a result of illness, injury or an accident.
Making an LPA while you have capacity means that you can choose who you want to act for you rather than leaving your family to deal with the consequences of not having one.
For this reason, LPAs are an important consideration for adults of all ages, not just those approaching later life.
Professional LPA Advice in Teesside
Clive Barwell specialises in later-life legal and financial planning, including Lasting Powers of Attorney, Wills, Trusts, Probate, Inheritance Tax, care fees and wider estate planning.
As a Registered Trust & Estate Practitioner, Chartered and Certified Financial Planner, Clive has extensive experience helping individuals and families make important decisions about their future.
His approach is straightforward: understand your circumstances, explain the available options and help you make informed decisions.
Download the Powers of Attorney Guide
My downloadable guide provides an overview of Powers of Attorney (POA) in England & Wales, explaining their types, legal framework, and practical considerations.
- Background & Legislation
- General Powers of Attorney are governed by the Powers of Attorney Act 1971 and remain valid only while the donor has capacity.
- Enduring Powers of Attorney (EPAs), introduced in 1985, continue after loss of capacity but only cover property and financial affairs.
- The Mental Capacity Act 2005 replaced EPAs with Lasting Powers of Attorney (LPAs), which cover Property & Financial Affairs and Health & Welfare.
- Capacity & Assessment
Capacity is assessed under a four-part test: understanding, deliberation, decision-making, and communication. Loss of capacity is decision-specific, not universal. Assessments can be informal or formal by professionals. - Why LPAs Are Essential
LPAs are critical for all adults, not just the elderly, as incapacity can occur unexpectedly. Both types are recommended to avoid financial and healthcare complications. - Consequences of No LPA
Without an LPA, the Court of Protection appoints a Deputy, incurring significant costs (application fee, annual supervision fees, and security bonds) and delays of 4–6 months. LPAs are faster and far cheaper. - Practical Guidance
- LPAs can be self-prepared via the OPG website, but professional oversight reduces errors (50,000 LPAs were rejected in 2023/24).
- Multiple LPAs are allowed; clear role definitions are essential.
- Attorneys must act solely for the donor’s benefit, maintain thorough records, and follow fiduciary principles akin to the Trustee Act 2000.
- Key Recommendations
- Register LPAs immediately after signing to avoid delays.
- Appoint trusted, capable Attorneys (preferably younger generation), avoid those abroad, and specify joint and several authority.
- Consider Advance Directives for health decisions and Letters of Wishes for financial matters.
- Conclusion
Powers of Attorney are complex but vital for safeguarding personal, financial, and health decisions. Professional advice, which I can provide, is strongly recommended to ensure compliance and avoid costly mistakes.
Download the Powers of Attorney Guide
Contact Me
Your initial consultation is at your convenience, at my expense, and without obligation. Consultations will generally be conducted online via Microsoft Teams or Zoom. After a preliminary conversation, if you live in or near Teesside, I can provide an at-home service if you prefer.