Powers of Attorney Solicitors in Coventry
Planning ahead can give you peace of mind that your finances, property and personal welfare will be looked after by someone you trust if you're ever unable to make decisions for yourself.
At Band Hatton Button, our experienced Power of Attorney solicitors in Coventry help individuals and families across Coventry, Warwickshire and the wider West Midlands put the right arrangements in place. Whether you're creating a Lasting Power of Attorney (LPA) or need advice on an existing arrangement, we'll provide clear, practical guidance tailored to your circumstances.
Speak to our Lasting Power of Attorney solicitors in Coventry today
To arrange a consultation with one of our experienced Lasting Power of Attorney solicitors in Coventry, call us on 024 7663 2121 or email info@bandhattonbutton.com.
What is a Power of Attorney?
A Power of Attorney is a legal document that allows one person, the donor, to give another person, the attorney, the authority to make decisions on their behalf. Depending on the type chosen, an attorney can manage financial matters, make healthcare decisions, or handle specific transactions.
Types of Power of Attorney in England and Wales
There are three main types of Power of Attorney relevant in England and Wales.
Lasting Power of Attorney (LPA)
The LPA is the main type in use today. It replaced the Enduring Power of Attorney (EPA) in October 2007 and must be registered before it can be used. There are two kinds: one covering property and finances, and one covering health and welfare.
Enduring Power of Attorney (EPA)
EPAs were replaced by LPAs in October 2007 and can no longer be created. However, a validly executed EPA can still be used. When the donor is losing or has lost mental capacity, the EPA must be registered with the Office of the Public Guardian (OPG). We can help families manage EPA registration.
Ordinary or General Power of Attorney
An Ordinary or General Power of Attorney is useful for short-term situations, such as when the donor is abroad or temporarily in hospital. It gives an attorney authority over financial matters but ceases automatically if the donor loses mental capacity.
What is a Lasting Power of Attorney?
An LPA is a legal document made under the Mental Capacity Act 2005. It lets the donor authorise one or more attorneys to make decisions on their behalf. Unlike an EPA, an LPA covers both financial and health decisions through two separate documents. Each must be registered with the OPG before it can be used.
The two types of Lasting Power of Attorney
Property and Financial Affairs LPA
This type of LPA allows an attorney to manage the donor’s bank accounts, pay bills, collect pensions and benefits, and, where authorised, sell property. Crucially, it can be used with the donor’s consent while they still have mental capacity, making it useful for practical day-to-day support as well as future planning.
Health and Welfare LPA
This type covers decisions about medical treatment, daily care routines, moving into a care home, and, if the donor wishes, decisions about life-sustaining treatment. It can only be used once the donor has lost mental capacity.
Why you need a Lasting power of attorney
Many people assume that a spouse or close family member can automatically step in if something happens. This isn’t the case. A spouse has no automatic right to manage their partner’s bank accounts, and joint accounts can be frozen pending further investigation. Being next of kin gives no legal authority over another adult’s affairs.
Without an LPA in place, the only option may be to apply to the Court of Protection for a deputyship order. This process is slower, more expensive, and involves ongoing court supervision. Financial commentators and consumer advocates widely describe LPAs as one of the most important documents an adult can put in place, yet most people don’t have one.
Who can be an attorney?
An attorney must be 18 or over and have mental capacity. For a Property and Financial Affairs LPA, an attorney must not be bankrupt or subject to a debt relief order.
You can appoint more than one attorney. If you do, you’ll need to decide whether they must act jointly (always together, which provides a safeguard), or jointly and severally (able to act independently, which is more practical day to day). You can also name replacement attorneys to step in if an original attorney is unable to act.
Choosing the right attorney is as important as choosing the right type of LPA. This should be someone you trust completely, who understands your wishes, and who is willing and able to take on the responsibility.
How to set up a Lasting Power of Attorney
Setting up an LPA involves several steps:
- Choose which type(s) you need (most people benefit from having both)
- Decide who will act as your attorney(s) and any replacements
- Choose a certificate provider (see below)
- Complete the relevant forms (LP1F for property and finances; LP1H for health and welfare)
- Sign the forms in the correct order, with all parties witnessing as required
- Submit to the OPG for registration, together with the registration fee
An LPA must be registered before use. Registration currently takes around 8 to 10 weeks.
The role of the certificate provider
A certificate provider is an independent person who confirms that the donor understands what they’re signing and isn’t being pressured into it. The certificate provider must be either a professional (such as a solicitor or GP) or someone who has known the donor personally for at least two years. They can’t be a family member or the attorney named in the LPA.
Lasting Power of Attorney costs and fees
The OPG charges a registration fee. if you register both types. If you’re on a low income or receive certain means-tested benefits, you may qualify for a partial or full exemption from this fee. The latest fee for registering an LPA can be found on GOV.UK.
Our Lasting Power of Attorney solicitors in Coventry offer a fixed-fee service for preparing and registering LPAs. Please contact us for current pricing.
Do you need a solicitor to make an LPA?
It’s possible to make an LPA using the government’s online service without a solicitor. However, errors in the forms, ambiguous instructions, or concerns about the donor’s capacity at the time of signing can render an LPA invalid. A rejected or contested LPA provides no protection at all.
A solicitor adds real value when family circumstances are complex, when there are concerns about undue influence, when business interests are involved, or when the donor wants to include specific guidance for their attorneys. We can also act as certificate provider where appropriate, and we’ll make sure the LPA is properly structured from the outset.
Enduring Powers of Attorney: registering an existing EPA
If a family member made an EPA before October 2007 and is now losing or has lost mental capacity, the EPA must be registered with the OPG. This involves notifying certain family members, completing the EP2 form, and paying the registration fee. We can manage this process on your behalf and advise on whether an LPA should also be considered.
What happens if there is no Power of Attorney?
If someone loses mental capacity without a Lasting Power of Attorney in place, their family may need to apply to the Court of Protection for authority to manage their affairs. This can involve additional costs, paperwork and ongoing responsibilities.
Our Court of Protection solicitors can provide guidance on deputyship applications and the options available to you.
Changing, revoking or ending a Power of Attorney
A donor who still has mental capacity can revoke Power of Attorney at any time by notifying the OPG in writing. The attorneys and any replacement attorneys must also be notified. Making changes to the structure of an LPA (for example, replacing an attorney) generally requires a new LPA to be created.
An LPA comes to an end automatically on the death of the donor, at which point responsibility passes to the executors of the estate. For guidance on what happens next, see our probate and estate administration page.
If you have concerns about how an attorney is behaving, you can report this to the OPG, which has powers to investigate and, where necessary, apply to have the attorney removed.
Powers of attorney in Scotland and Northern Ireland
The information on this page applies to England and Wales only. If you or a family member is based in Scotland, the relevant documents are Continuing and Welfare Powers of Attorney, governed by the Adults with Incapacity (Scotland) Act 2000. In Northern Ireland, EPAs are still in use, although a new LPA regime is being introduced.
If you are outside England and Wales and need guidance, please contact us and we’ll do our best to point you in the right direction.
Why choose Band Hatton Button for your Power of Attorney?
At Band Hatton Button, we understand that choosing someone to make decisions on your behalf is an important and personal decision. Our Wills, Trusts and Probate team takes the time to understand your circumstances, explain your options and help you put arrangements in place that reflect your wishes.
Our Wills, Trusts and Probate team is led by Partner Charlotte Macalister and supported by Senior Associates Keri Wood, Lisa Moseley, and Kathleen Ryan, along with a dedicated team of solicitors and legal executives. Several members of the team hold qualifications from the Society of Trust and Estate Practitioners (STEP), reflecting a high level of expertise in this area.
We’re also members of the Association of Lifetime Lawyers (previously Solicitors for the Elderly), which means we’re trained to advise clients sensitively when issues of capacity or vulnerability are involved.
We offer a fixed-fee service for LPAs, home or hospital visits where needed, and a friendly, jargon-free approach. The team is listed in both the Chambers Guide and The Legal 500.
Whether you’re planning ahead for yourself or helping an elderly relative, we’re here to make the process as straightforward as possible.
Get in touch with our Lasting Powers of Attorney solicitors in Coventry
It’s never too early to put an LPA in place. Contact our Power of Attorney solicitors in Coventry today to arrange a consultation.
You can call our office on 024 7663 2121 or email us at info@bandhattonbutton.com.
Frequently asked questions about Powers of Attorney
What is the difference between a Power of Attorney and a Lasting Power of Attorney?
“Power of Attorney” is the umbrella term for any document authorising someone to act on another’s behalf. An LPA is the specific type used in England and Wales for long-term planning. Unlike some other types, an LPA continues to be valid if the donor loses mental capacity.
Do I need a solicitor to make a Lasting Power of Attorney?
You can make an LPA using the government’s service without a solicitor. However, if the forms are completed incorrectly, the LPA can be invalid. A solicitor adds value where circumstances are complex, where capacity may be a concern, or where you want the document structured carefully for the future.
How much does a Lasting Power of Attorney cost with a solicitor?
The current fees for registering an LPA can be found on GOV.UK. Exemptions are available for those on a low income or certain benefits. Band Hatton Button charges a fixed fee for preparing and registering LPAs. Contact us for current pricing.
How long does it take to register a Lasting Power of Attorney?
Once submitted to the OPG, registration typically takes 8 to 10 weeks. Add to this the time needed to prepare and sign the forms correctly. Starting the process early, while the donor has clear mental capacity, is always advisable. We can advise you on how to get Power of Attorney now, giving you the reassurance of knowing you are prepared for the future.
Can I have both a Property and Financial Affairs LPA and a Health and Welfare LPA?
Yes, and we recommend most clients put both in place. Each covers a different area of decision-making, and having only one leaves significant gaps in planning.
Who should I choose as my attorney?
Your attorney must be 18 or over and have mental capacity. For a Property and Financial Affairs LPA, they must not be bankrupt. Most importantly, they should be someone you trust completely to act in your best interests and respect your wishes.
What happens if someone loses capacity without an LPA?
Without an LPA, family members must apply to the Court of Protection for a deputyship order. This is more expensive and significantly slower than making an LPA in advance, and it involves ongoing supervision by the court.
Can a Lasting Power of Attorney be used abroad?
An LPA made in England and Wales is generally valid only in this jurisdiction. If you need decisions made about overseas assets or property, additional steps such as notarisation and local legal advice may be required.
Does a Lasting Power of Attorney end when the donor dies?
Yes. Once the donor dies, the LPA ceases. Responsibility for the estate passes to the executors named in the donor’s Will.
Can I revoke or change my Lasting Power of Attorney?
Yes, provided you still have mental capacity. You can revoke an LPA in writing and must notify the OPG and your attorneys. Making changes to which attorneys are named usually means creating a new LPA rather than amending the existing one.