A Lasting Power of Attorney (LPA) is an important document that gives one or more people (known as your attorney(s)) the legal authority to make decisions on your behalf should you lose the capacity to make certain decisions for yourself.

LPAs are not just relevant to older people. Accidents can happen at any age, and everyone over the age of 18 should have an LPA in place to protect themselves against unforeseen events.

There are two main types of LPA:

• Property and financial affairs. This gives your appointed representative(s) the power to make decisions involving your property and finances, including managing your bank account, paying household bills or selling your home.
• Health and welfare. This enables your attorney(s) to make decisions about your health and welfare, such as your medical care.

The role of an attorney is a crucial one. An attorney is entrusted with the responsibility of making important decisions on your behalf, and deciding whom to appoint should be something you consider carefully.

Who can act as an attorney?

Anyone over the age of 18 with mental capacity can act as an attorney. When you appoint someone to act as an attorney for your property and financial affairs LPA, there is the added condition that they may not be bankrupt.

Do I need to appoint the same attorney for both LPAs?

No, you can choose different attorneys for each LPA.

You can choose a single attorney or multiple attorneys to fulfil the role. There is no limit on the number of attorneys you can choose, although most people appoint between one and four attorneys.

If you appoint more than one attorney, you must specify whether they should act:

• Jointly.
• Jointly and severally.
• Jointly for some decisions and jointly and severally for other decisions.

Attorneys who are appointed to act jointly must always act together. If one attorney does not agree with a proposed action, that decision cannot be made.

Jointly and severally means they can each make decisions on their own, without the agreement of the other(s).

You can also name replacement attorneys in your LPA. These are people who can take on the role if your original attorney(s) cannot act, for example, because they lack capacity themselves or have pre-deceased you.

What are the responsibilities of an LPA attorney?

Attorneys appointed under an LPA must:

• Follow any instructions the donor has included in the LPA.
• Consider any preferences the donor has included in the LPA.
• Help the donor make their own decisions as much as they can.
• Make any decisions in the donor’s best interests.
• Respect their human and civil rights.

Whom should I choose as an attorney for an LPA?

An attorney should be someone you trust. Many people choose a family member or a close friend but you can also appoint a professional such as a solicitor or an accountant.

When considering whom to appoint as an attorney, it can help if you ask yourself the following questions:

• Are they of sound mind?
• Can I trust them to make decisions in my best interests?
• Are they reliable?
• Do they have the skills to carry out the role?
• Would they be willing to take on the role?

LPA Solicitors Blackheath

At Beverley Morris & Co. Solicitors, our team of LPA lawyers in Blackheath specialise in drawing up Lasting Powers of Attorneys on behalf of clients.

We also deal with the registration of LPAs at The Office of the Public Guardian upon the application of either the donor or the attorney.

Our regulated and qualified LPA lawyers can advise and guide you in a practical and compassionate manner. You may simply require our help in completing Lasting Power of Attorney forms or registering a Lasting Power of Attorney at The Office of the Public Guardian or you may prefer that we complete the whole process for you.

For more information or to speak with one of our solicitors specialising in LPAs, please call 020 8852 4433 or email privateclient@beverleymorris.co.uk.

A Deputy is an individual appointed by the Court of Protection to make decisions for a person who can no longer make certain decisions for themselves. A family member or close friend can be a Deputy, as can a professional person, such as a solicitor.

Deputies are appointed when an individual lacks the mental capacity to make decisions themselves (for example, through a physical or mental illness, Alzheimer’s or dementia, a learning disability, or a stroke) and does not have a valid Lasting Power of Attorney (LPA) in place that stipulates who should make those decisions for them.

Acting as a Deputy is a considerable undertaking and should not be taken lightly.

In this article, our Deputyship solicitors consider what the role of a Deputy involves.

Types of Deputy

There are two types of Deputyship.

1. Property and financial affairs deputy. This is the most common form of Deputyship. It involves making decisions about a person’s property and financial affairs, such as paying bills, applying for benefits on their behalf, choosing how to invest their savings or deciding how much to spend on their care.
2. Personal welfare deputy. This type of Deputyship involves making decisions about an individual’s care and medical treatment. Appointing a personal welfare deputy is rare, as the court generally prefers to leave such decisions to the relevant healthcare professionals.

Responsibilities of Deputy

Precisely what a Deputy can and can’t do is determined by the needs of the person who lacks capacity and is set out in the Deputy order issued by the Court.

All Deputies are bound by the general rules set out in the Mental Capacity Act 2005 Code of Practice and must also meet certain standards for Deputies.

Government guidance states that Deputies must consider the vulnerable person’s mental capacity every time they make a decision for them and must:

• Make sure it is in the other person’s best interests.
• Consider what they have done in the past.
• Apply a high standard of care (this might mean involving other people in the decision-making process, for example, getting advice from relatives and professionals, like doctors).
• Do everything they can to help the other person understand the decision, for example, explain what is going to happen with the help of pictures or sign language.
• Add the decisions to an annual Deputy report.

Deputies must not:

• Restrain the person unless it is to stop them from coming to harm.
• Stop life-sustaining medical treatment.
• Take advantage of the person’s situation.
• Make a Will for the person or change their existing Will.
• Make gifts unless the Court order says they can.
• Hold any money or property in their own name on the person’s behalf.

Deputy Application Process

Any adult over the age of 18 can be appointed as a Deputy. Deputies must meet several conditions, such as not having a criminal record or not having been declared bankrupt.

There are various steps that must be followed in the Deputyship application process. Applications are made to the Court of Protection and many forms need to be completed and documentation must be provided.

Applicants must also tell the person they are applying to become a Deputy for, get a medical practitioner to confirm that the relevant person no longer has the mental capacity to manage their own finances and inform at least three people connected to the vulnerable person, for example, the person’s relatives, social worker or doctor, about the application.

The application process is complex, and specialist legal advice is vital. For guidance on Court of Protection applications from our experienced Deputyship solicitors, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Role of Deputy at Court of Protection

Deputies need to keep a record of all relevant accounts, dealings and transactions and submit an annual report to the Office of the Public Guardian explaining their decisions and accounting for any money they have spent.

Deputies cannot usually be paid, although they can claim certain reasonable expenses incurred while undertaking the role, such as for travel expenses, car parking tickets and postage costs.

Deputyship Solicitors in Blackheath

If a family member or close friend is no longer able to make decisions for themselves about their finances and does not have an LPA, Beverley Morris & Co. Solicitors can help.

Our specialist Deputyship solicitors offer you sensitive yet practical guidance in the following areas:

• Assisting with the Mental Capacity assessment process.
• Making an application to the Court of Protection.
• Acting as professional deputies.
• Providing advice and support to deputies with their responsibilities.
• Acting in disputes over decisions being made for a person who lacks mental capacity.
• Deputy application disputes.

Contact our Deputyship Solicitors

Our Deputyship solicitors in Blackheath have extensive expertise and knowledge in this complex area of law and have been helping clients across London and the South East for many years.

For more information or to speak to one of the team, call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

Living together continues to grow in popularity, with an increasing number of couples opting to cohabit without getting married or becoming civil partners. 

Such is the extent of the trend that at the start of this year, the Office for National Statistics (ONS) estimated that the proportion of people aged 16 or over in England and Wales who are married or in a civil partnership has fallen below 50% for the first time. 

The ONS published its annual population estimates by marital status and living arrangements in the two nations for 2021–2022 in January 2024. 

The report showed that, although married or civil partnered remained the most common legal partnership status among adults in England and Wales, this proportion has decreased from 51.2% in 2012 to 49.7% in 2021 and 49.4% in 2022, the first time this has fallen below 50%. 

The figures have strengthened calls for more legal rights for cohabiting couples. Currently, unmarried couples who choose to live together are not afforded the same rights under the law as those who marry or become civil partners. 

In this blog, our Family law solicitors consider what legal rights cohabiting couples have and what they can do to protect themselves, their partners and their loved ones. 

The Myth of Common Law Marriage 

There is a common myth regarding ‘common law marriage’, and many people believe that cohabiting partners have the same legal rights as their married counterparts. 

This is not the case. In most branches of the law, there is no such thing as ‘common-law partners’.  

Generally speaking, unmarried cohabiting couples do not have the same rights and protections under the law as couples who are married or in a civil partnership, regardless of how long they have been in a relationship or if they have children together. 

If they decide to separate, unmarried couples have no financial responsibility towards one another, and there are no guarantees about what happens to their property, money, children, and other assets if the relationship breaks down. 

Conversations about ‘who gets what’ can be very stressful. Even in the most amicable of break-ups, couples can struggle to reach agreement about financial arrangements and who will remain in the family home. 

Solicitor for Cohabiting Couples 

There are certain steps cohabiting couples can take and legal documents they can put in place to safeguard themselves should their relationship break down. 

Even if a relationship is thriving, it is nevertheless still sensible to take certain steps to protect the future in the event that anything unforeseen should occur. 

If you are thinking of moving in with a partner or you are already living together and wish to shore up your relationship legally, specialist advice from an experienced Family Law solicitor is a wise step to consider. 

At Beverley Morris & Co., we have provided legal advice for cohabiting couples throughout London and the South East for many years.  

Whilst speaking to a solicitor can sometimes feel unnecessary, especially when things are going well, nevertheless putting in place appropriate legal protection can provide valuable peace of mind should you ever need to fall back on it in the future. 

To speak to one of our experienced team today, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk. 

Legal Documents for Unmarried Couples 

Unmarried cohabiting couples should consider entering into the following legal documents: 

1. Cohabitation agreement. 

A cohabitation agreement is a form of legal agreement between a couple who live together, that typically sets out how assets, property, and other financial obligations will be dealt with if the relationship comes to an end. 

Cohabitation agreements are bespoke and are tailored to a couple’s particular needs and circumstances. However, in general they can cover arrangements such as: 

• Property. A cohabitation agreement can specify what happens to any jointly owned property in the event that you split up. It can include provision for any property or properties one party may own already. For example, if one cohabitee owns an existing property, you might decide that the other partner should not have a claim over it if you split up.  
• Finances. Various financial arrangements can be covered in a cohabitation agreement, such as what percentage of the mortgage you will each pay and who will contribute what amount towards household bills. If one of you puts in a larger deposit to buy your home, a cohabitation agreement can also include a clause stating that that person gets back a larger share if you sell. A cohabitation agreement can also include details about pensions, bank accounts and any expected inheritances. 
• Other assets, for example, cars and jewellery. 

A cohabitation agreement will be upheld by the courts, as long as it has been made and executed properly and fairly, meaning specialist legal advice is vital. 

2. Wills. 

Everyone needs a Will as it is the only way of ensuring your assets are distributed according to your wishes. 

However, a Will is especially valuable for unmarried couples as without one, your partner will not automatically be entitled to anything from your estate. 

If you die without a Will, your estate is divided according to the laws of intestacy. These are rules laid down by the Government specifying what happens to the assets of a person who has died without leaving a will. Importantly, these rules do not provide for a partner who was unmarried and not in a civil partnership to inherit. 

The only way of ensuring that your partner is provided for is by making a Will.   

3. Lasting Powers of Attorney (LPAs). 

A Lasting Power of Attorney (LPA) gives one or more people legal authority to make decisions on your behalf should you lose capacity to make certain decisions for yourself.   

There are two main types of LPA: 

• Property and financial affairs. This gives your appointed representative (known as your attorney) the power to make decisions involving your property and finances, including managing your bank account, paying household bills or selling your home.  
• Health and welfare. This enables your attorney to make decisions about your health and welfare, such as your medical care.  

Mental or physical incapacity can hit at any time, such as through an accident or an illness. 

Appointing your partner to act as your attorney means that they will be able to handle your affairs if you lack the mental capacity to do this yourself. Without an LPA in place, your loved ones would have to apply to the Court of Protection to be able to act on your behalf, which would be a long and costly process.  

Family Law Solicitors Blackheath 

Beverley Morris & Co. are experienced, competent Family Law solicitors in Blackheath Village, South East London.  

If you wish to write a cohabitation agreement, a prenuptial or postnuptial agreement, a Will or an LPA please get in touch with us today.  

You can call us on 020 8852 4433 or email enquiries@beverleymorris.co.uk.  

Alternatively, click here to arrange a call back. 

 

Lasting Powers of Attorney are a great tool to help ensure that a trusted person is responsible for making decisions on your behalf should you lose mental capacity to make such decisions yourself. There are typically two types of LPA: health and welfare and financial.

As a business owner, partner or director in a business, it is essential to consider not only your personal finances but also the financial future of your business.

A Business Lasting Power of Attorney allows you to do just that. In this article, our experienced solicitors detail what you need to consider as a business owner when setting up your Business LPA.

What is a Business Lasting Power of Attorney?

Should you become incapacitated and unable to make decisions for your business, a Business LPA will assist you in protecting your business from risk as it has the ability to cover all manner of situations.

Your Business LPA will likely work as part of (or alongside) your Business Continuity Plan to ensure that the day to day running of your business may continue with minimal disruption.

Most businesses have a Business Continuity Plan. It covers all the essential procedures that must be followed in the event that any circumstance should prevent the business from operating in the usual way. A Business Continuity Plan may include provision for:-

• IT failure.
• Telecommunications failure.
• Flood.
• Fire.
• Freak weather conditions.
• Terrorism or other attack.
• Incapacity of key decision makers.

No two Business Continuity Plans are the same. Below, we outline likely situations depending on the structure of the business.

If You are a Partner or Director

It is common in larger businesses for a partner’s/director’s appointment to be terminated in the event they lose capacity. If your business does not have such a provision, a Business LPA may provide a suitable alternative, allowing you to appoint a proxy to act on your behalf should you lose capacity.

If you are a sole director, this is not so straightforward. However, a Business LPA may assist in ensuring that your wishes are made clear.

If You are a Sole Trader

In this case, as a legal entity, your business is not separate from you. As the owner, you should introduce a Business LPA to ensure that your business is protected in the event of your mental incapacity so as to avoid any unnecessary risk.

Lasting Power of Attorney Solicitor

At Beverley Morris & Co., our experienced private client solicitors, alongside our business law team, can assist you in creating either a Lasting Power of Attorney for yourself personally or your business, ensuring that your assets and interests are protected.

If you would like to find out more information about the implications of creating any Lasting Power of Attorney including a Business Lasting Power of Attorney, please call 020 8852 4433, email enquiries@beverleymorris.co.uk or fill in this contact form.

As new laws surrounding Lasting Powers of Attorney come into force in the UK, allowing people to make theirs entirely online, our team of experienced private client solicitors consider some of the implications that this move is likely to have, including how you might be affected if either you do not make one, or it is invalid.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual to allocate someone they trust to make important health and financial decisions on their behalf if they can no longer do so themselves. Typically, the appointed attorney is a family member or close friend, but you have the flexibility to choose anyone over 18 who is willing to take on the role. In some instances, you may opt to appoint a professional, such as a solicitor.

To establish an LPA, you must be over the age of 18 and possess mental capacity at the time of its creation. Although not often considered by young people, creating an LPA as soon as possible is sensible as it ensures that if you lose mental capacity suddenly, your wishes will be fulfilled.

New Laws for LPAs

The reform to modernise the LPA creation process entered the statute books at the end of September 2023 when the Powers of Attorney Act received royal assent.

Digitising the creation and registration of Lasting Powers of Attorneys in the UK aims to assist in spotting errors earlier and allowing them to be amended online, rather than waiting for documents to be posted back and forth between the applicant and the Office of the Public Guardian, who is currently taking up to 20 weeks on average to process an LPA application, 12 weeks longer than its target.

Justice minister Mike Freer said, ‘This act allows us to modernise the service, introduce new safeguards from fraud and abuse, and make it simpler to give people peace of mind their interests will be protected.’

Although this reform has been widely welcomed and is supported by the Law Society, some concern remains.

With 1.5 million UK homes still without internet access and the online system utilised by the government deemed ‘complicated and difficult to use’, paper processes remain accessible. President of the Law Society, Lubna Shuja, said, ‘it is critical that people are given a genuine choice and that the service does not become digital by default’.

What happens if I don’t have an LPA?

Although many people often assume that lack of mental capacity only relates to old age or those suffering from dementia, anyone can lose mental capacity due to accident or illness.

If you lose mental capacity and do not have an LPA, there are several implications, including:

• You will no longer be able to decide who makes decisions for you.
• People you do not know could end up making crucial decisions for you, such as whether to accept life-sustaining treatment.
• Your loved ones may have to apply to the Court of Protection to make decisions on your behalf.

It can be emotionally overwhelming to take the initial step and commence with creating a Lasting Power of Attorney; however, planning for the future can help to put your mind at ease, knowing that you are prepared for whatever lies ahead and ultimately relieving unnecessary stress that may befall your family and friends.

Solicitor for LPA Creation

Now that it is possible to create your Lasting Power of Attorney online, it will be tempting to do so without the support of a legal professional. This is not advisable.

The Office of the Public Guardian (OPG) is currently developing an online system to be used by solicitors and other legal professionals. In the meantime, we recommend still contacting your lawyer, should you want to write and implement your LPA, rather than doing so yourself online.

Failure to properly draft and execute your Lasting Power of Attorney may mean that your wishes are not fulfilled when required. Read about why you and your spouse need to create Lasting Powers of Attorney here.

At Beverley Morris & Co., we have over 15 years of experience in supporting clients across Blackheath, Lewisham and South East London in writing their health and welfare and property and finance LPAs.

To speak to a member of our experienced team today, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk. Alternatively, please fill in this contact form.

According to research conducted by Scottish Widows during Free Wills Month in March 2023, the rate of people creating powers of attorney is low compared to other methods of financial protection. The research concluded that although 95% of UK adults understand the concept of a power of attorney and 75% believe having one is important, there is a gap in understanding how the document works and how it is utilised in practice.

Furthermore, it was found that 76% of people in a relationship have discussed Wills and trusts with their partner or spouse but only 41% of married couples have put in place a power of attorney.

Of those surveyed, 24% did not intend to set up a power of attorney. However, for those millions of UK couples without a power of attorney, they are at risk of being unable to access their spouse’s finances in the event that they should lose their mental capacity. In the case of an emergency or an unexpected incapacity, they might also be prohibited from making important health and welfare decisions for their partner.

What are the different types of Power of Attorney?

Lasting Powers of Attorney enable you to designate an individual – your attorney – to make decisions regarding finances, property, welfare and health on your behalf. There are two types of Lasting Power of Attorney:

• Health and Welfare LPA

This concentrates on decisions regarding well-being in the case of incapacity or severe illness. An LPA might cover care provision, care home arrangements, deciding on appropriate medical care or making medical decisions.

• Property and Finance LPA

This concentrates on decisions regarding someone’s finances and assets in the case of incapacity or severe illness. This LPA might cover settling bills, managing finances or selling or disposing of assets in order to generate funds.

Why should I make a Lasting Power of Attorney?

If you lose mental or even physical capacity as the result of an accident or illness such as dementia and you do not have a Lasting Power of Attorney, your loved ones may be precluded from making important welfare decisions on your behalf or managing your affairs. In this circumstance, someone would have to apply to the Court of Protection on your behalf. The Court of Protection would appoint a Deputy to handle your affairs – but that might not be the person you would choose yourself and that person’s decisions might not align with your own personal preferences. Applying to the Court of Protection can also be cumbersome, costly and time-consuming.

For couples, it is essential to understand the importance of establishing Lasting Powers of Attorney. This will allow them to ensure that they can effectively manage and make decisions regarding each other’s welfare and finances when required. By creating an LPA, not only will the couple have peace of mind but they will also be protected against any potential complications that could arise in the case of an accident, illness or other unforeseen circumstance. They can also appoint their children as replacement attorneys for when their partner is no longer around.

Furthermore, single people should not rule out creating a Lasting Power of Attorney. Indeed, their circumstances may be more urgent if they do not have a partner or children.

Solicitors for Lasting Powers of Attorney

At Beverley Morris & Co., our solicitors, based in Blackheath, support clients across South East London and further afield with setting up their bespoke Lasting Powers of Attorney. Our advice is unbiased and conclusive, allowing our clients to ensure they are fully informed throughout the process.

To ensure that an LPA is accepted when registered with the Office of the Public Guardian (OPG), it is essential to ensure that it has been professionally prepared. This means that not only is it accepted by the OPG but it is recognised by other relevant institutions such as banks and building societies without any issues.

To speak to our private client solicitors about setting up your Lasting Power of Attorney, please call 020 8852 4433 or email enquiries@beverleymorris.co.uk.

A lasting power of attorney is a legal document that allows one person to make decisions on another person’s behalf, if necessary. An LPA would come into action if the person in question lost mental capacity or developed an illness that stopped them from making decisions (e.g., dementia or a brain injury).

Are there different types of power of attorney? 

There are different types of power of attorney, and the suitability of each one depends on the situation a person is in. The different types include:

• Ordinary power of attorney
• Lasting power of attorney
• Enduring power of attorney

You can set up more than one power of attorney to cover all potential outcomes.

Ordinary powers of attorney 

Ordinary powers of attorney allow one or more person (the attorney[s]) to make financial decisions on your behalf.

Reasons for setting up an ordinary power of attorney include:

• Needing someone to temporarily act for you, such as if you are on holiday or in hospital
• You struggle to go out to the bank, post office or similar, so you want somebody to access your account on your behalf
• You supervise someone whilst they make decisions on your behalf.

This type of power of attorney allows you to limit the ability somebody has, to make decisions on your behalf. Therefore, you might decide that they only can make decisions regarding your bank account but not your home.

Ordinary powers of attorney are only valid if you have mental capacity. If you want someone to make decisions on your behalf when you do not have mental capacity, you should consider a lasting power of attorney.

Lasting powers of attorney

There are two types of LPA, one for financial decisions and one for care and health decisions.

LPAs allow your attorney (someone close to you and whom you trust) to make decisions on your behalf if you lose mental capacity or no longer want to make decisions for yourself.

Financial lasting powers of attorney 

Financial LPAs can cover issues such as:

• Buying/selling property
• Mortgage payments
• Investments
• Bill paying
• Arranging property repairs

The attorney making your decisions must keep accounts and ensure your money remains separate from theirs.

Health and care decisions LPA 

In this case, an attorney can make decisions about issues including:

• Where you should live
• Medical care
• What you should eat
• With whom you should be in contact
• Your social activities
• In some cases, life-saving treatment

What is an enduring power of attorney? 

An enduring power of attorney covers decisions about both your property and financial affairs if you want someone to act on your behalf. It needs to be registered with the Office of the Public Guardian if you lose mental capacity.

LPAs replaced EPAs in 2007. If you made and signed an enduring power of attorney before 1 October 2007, it should still be valid.

Does my spouse have power of attorney? 

You should never assume that your spouse or civil partner will automatically be able to deal with your finances and possessions if you lose the ability to do so yourself. Without an LPA, your partner has no authority.

Lasting Power of Attorney Solicitor 

At Beverley Morris & Co., in Blackheath, our experienced team of solicitors are on hand to support you when you wish to put in place your power of attorney.

Writing and signing a power of attorney can seem daunting, so we are on hand to guide you throughout the process.

To ensure your finances and possessions are dealt with according to your wishes should you lose the ability to make decisions for yourself, please get in touch with Beverley Morris & Co. Solicitors in Blackheath today on 020 8852 4433 or email enquiries@beverleymorris.co.uk.