Powers of attorney

A lasting power of attorney (LPA) is a legal document which lets you (the donor) choose one or more people (attorney(s) you trust to help you make decisions if you are no longer able to.

You can also appoint attorney(s) to:

• manage your financial affairs; and/or
• make decisions as to your health and welfare.

Without a power of attorney already in place your family would need to formally apply to the Court of Protection to appoint someone to be your deputy to make decisions for you. This takes up valuable time and can be a stressful process for those involved. It also requires annual accounts to the Court and leads to ongoing Court supervision fees.

Longer lives and an ageing population means capacity issues are increasing. Sadly, financial abuse is rising too.

The Alzheimer’s Society reports: 

• 1 in 3 people born in the UK today will be diagnosed with dementia in their lifetime
• 1.4 million people are expected to be living with dementia by 2040
• Dementia is the UK's biggest health and social care crisis.

Capacity is a complex issue for families. We are here to help and to guide you through this.

We can assist with:

• advice on court of protection applications and deputies
• advice on the appointment of attorneys and their duties
• preparing the LPA
• registration of powers of attorneys with the Office of the Public Guardian
• financial administration in connection with LPAs
• revoking (cancelling) an LPA or EPA
• disclaiming (retiring) from the position of attorney
• use of our trust corporation Russell-Cooke Trust Company 

Many of our private client solicitors are specialists in the issues affecting those who have lost the capacity to manage their affairs.

This may be when someone already lacks capacity (which may require an application to the Court of Protection), or for those who want to plan ahead and make a lasting power of attorney.

Our Court of Protection team has the specialist experience to take on complex problems in the area of capacity, including the international issues that arise when more than one jurisdiction is involved.

When there is financial abuse or disputes within families we work closely with our Trust, will and estate disputes team to find effective solutions.

We are particularly well regarded for our expertise in mental incapacity issues (ADD IN LINK Court of Protection Applications and Deputies).

Many of our lawyers are members of professional organisations such as the Society of Trust and Estate Practitioners (STEP), The Association of Lifetime Lawyers, Association of Contentious Trusts and Probate Specialists (ACTAPS).

Richard Frimston is the Law Society representative to the European Committee of the Union Internationale du Notariat (UIN) and is currently Chair of the STEP EU Committee and Co-Chair of the STEP Public Policy Committee.

Rita Bhargava is a Member and past chair of STEP England and Wales (2016 - 2018) and currently deputy chair.

Gareth Ledsham is a Committee Member of STEP Global Special Interests Group on Mental Capacity and Committee Member of London Branch Court of Protection Practitioners Association (CoPPA).

We know that clients often instruct us at difficult times and these are sensitive matters. We understand the importance of giving clear, timely and practical advice. 

Here are some comments made about us.

“Rita Bhargava goes above and beyond what is required, she has a real empathy with her clients and looks out for them, so that (whether in care homes or in hospital) they are being properly cared for. This requires not only legal skills but kindness, compassion and a real desire to help those in need.” The Legal 500 (2023)

“I’d particularly recommend Gareth Ledsham who is very professional, clear and accurate in his legal and practical advice, and a great pleasure to work with. I would strongly recommend him to anyone in this line of work.” The Legal 500 (2024)

We charge based on time spent dealing with your matter at our hourly rates.

Once we have the relevant information from you, an idea on what you would like to provide in your LPA(s) and advised you as to the appropriate provisions to include, we will provide an estimate of costs which includes:

• an initial meeting,
• the LPA drafting,
• a detailed letter of explanation to you identifying the key terms and confirming our advice,
• a further brief meeting at our offices to sign and witness the LPA
• registration of the LPA with the Office of the Public Guardian
• and storage of the LPA(s) in our safe.

Any additional work involved in completing the LPA (such as multiple meetings and/or amendments) may result in an additional charge on the basis of time spent and the seniority and experience of personnel involved.

You’ll be provided with an initial estimate of the likely legal costs which will be updated if your requirements or the circumstances of the work change.