Executor of a Will vs Power of Attorney
When private client solicitors talk legal jargon, it can be hard to take in what they are saying.
Peace of mind that, whatever happens, someone you trust can step in.
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Setting up a Lasting Power of Attorney is one of the most reassuring things you can do for yourself and your family. It means that if you ever couldn’t make your own decisions – after an accident, a health scare, or illness later in life – someone you trust could step in straight away.
None of us knows if or when we might need one, which is exactly why it’s worth having in place. Our specialist Lasting Powers of Attorney solicitors, Chris Strogen and Judith Chesters, make it simple and stress-free – taking time to understand what you want, and explaining every safeguard along the way.
Lets the attorney you choose make decisions about your care, your medical treatment and where you live, if you’re ever unable to make them yourself.
Lets your attorney manage money matters on your behalf – paying bills, dealing with your bank, or selling your home if needed. You can set up one type or both.
It’s easy to assume a Lasting Power of Attorney is something only older or unwell people need to think about. In truth, it matters whatever your age. A fall, a car accident or a sudden illness can affect anyone, and if that ever left you unable to manage your affairs, an attorney could act for you right away.
Picture a healthy forty-year-old homeowner. If an accident meant he lost capacity, without a financial Lasting Power of Attorney there’d be no one able to pay his mortgage and bills, or deal with his property longer term. Without a health and welfare Lasting Power of Attorney, no one close to him would have a clear legal say in his care. Putting these in place now covers those “what-ifs” while it’s simple to do – and it has to be done while you still have capacity, so it isn’t something to leave until it’s needed.
Handing someone authority over your finances or your health can feel like a big step, so the safeguards are worth knowing. Your attorneys can only act once you’re no longer able to make a particular decision yourself. The document is registered with the Office of the Public Guardian, and while you still have capacity you remain completely in control – you can change your attorneys or cancel it entirely. We’ll talk through every one of these protections so you feel comfortable before you sign.
If you lose capacity without a Lasting Power of Attorney in place, your family can’t simply step in. They’d have to apply to the Court of Protection for a deputyship order, which is slower, costlier and more stressful, at what’s already a hard time. Having a Lasting Power of Attorney ready avoids all of that.
Putting your Lasting Power of Attorney in place with us is straightforward:
We listen – we take detailed instructions and understand what you want.
We prepare your documents – drafted around your wishes.
We register them – with the Office of the Public Guardian, ready for if they’re ever needed.
Where it’s needed, we can often complete the paperwork the same day as your meeting, and you can deal with us by phone or video if that’s easier.
Thinking about losing capacity is never easy, and it’s natural to put it off. Getting a Lasting Power of Attorney in place is quicker and simpler than you might expect. Get in touch, and we’ll guide you through it one step at a time.
dedicated Lasting Powers of Attorney and estate planning solicitors.
we explain every safeguard, so you feel confident in your decision.
we can often complete on the day.
everyone you deal with has a personal stake in getting it right.
fixed fees published online.
You’ll work with a named specialist from start to finish. Chris Strogen and Judith Chesters lead our Lasting Powers of Attorney work, and you’ll have your solicitor’s direct contact details – so you can always reach the person handling your case.
A Lasting Power of Attorney is quick to set up and gives you and your family real reassurance – the certainty that, whatever happens, someone you trust can step in. There’s no pressure and no obligation.
A lasting power of attorney is a legal document that lets you appoint someone you trust – your attorney – to make decisions for you if you’re ever unable to. There are two types: one for health and welfare, and one for property and financial affairs.
A health and welfare Lasting Power of Attorney covers decisions about your care, treatment and where you live. A property and financial affairs one covers money matters like bills, banking and property. You can have one or both.
An ordinary power of attorney is usually temporary and used while you can still make your own decisions. A lasting power of attorney is designed to protect you if you lose the ability to decide in future, and must be registered with the Office of the Public Guardian before it can be used.
We take your instructions, prepare the documents around your wishes, and register them with the Office of the Public Guardian. It usually takes just a meeting, and we can often complete on the same day.
We publish our fixed fees online, so you’ll know the cost before you get in touch, with no hidden extras.
Once registered, it stays in place until you cancel it or you die. You can change or revoke it at any time while you still have capacity.
That’s up to you. You can require your attorneys to act jointly, or jointly and severally so they can also act independently, and you can appoint replacement attorneys to step in if needed.
Enduring powers of attorney made before 1 October 2007 can still be valid, though they only cover property and financial affairs. We can review yours and advise whether to add a health and welfare Lasting Power of Attorney too.
Yes – by phone or video, or in person at our Manchester or Cheshire offices, whichever suits you.
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