Power of Attorney
We recommend that each individual should not only have a Will in place but also a Power of Attorney (POA). This is a document which nominates those who you would wish to look after your affairs in the event of you losing mental or physical capacity, whether temporarily or permanently, through accident, illness or old age.
Powers of Attorney
The POA can cover two distinct areas, the continuing or business side which deals with your legal and financial affairs and the welfare side which deals with your treatment and care by the medical and care professionals.
The business powers can be operated at any stage where you no longer wish to be responsible for looking after your interests despite having the capacity to do so.
The welfare powers on the other hand only operate where you are not otherwise in a position to provide your own personal input regarding your treatment and care.
While we frequently combine these two areas into a single document, it is also possible to separate the two and add a more detailed Advanced Medical Statement to your Welfare POA providing greater direction as to your preferences in the area of medical intervention.
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Who should be my attorney?
Those who you appoint to be your attorneys should be people you trust and as far as the Welfare appointment is concerned someone who knows you and your wishes well.
You should remember that your attorneys do not need to have specific financial or other skills as their job is not necessarily to carry out all the administrative tasks themselves but rather to ensure that your affairs are being correctly looked after, utilising additional professional input as and when required.
We also offer attorneys a full range of supportive services to assist them in their responsibilities.
Legal issues if you do not have a POA
It is important to remember that the POA does not involve you immediately relinquishing control over your own affairs but rather it works as a safety net providing the future framework for your interests to be looked after should those circumstances arise.
On the one hand it may never be used but on the other it is an absolutely invaluable document if it is needed, easing the difficulties for those nearest to you at an otherwise difficult time.
If a POA is not in place then apart from some limited powers available from the Office of the Public Guardian, the only other option is to approach the Court for the appointment of a Guardian to oversee the interests of the adult. This is an expensive, time consuming and cumbersome process, not only in the initial stages of appointment but also in the ongoing annual administration. This can be avoided by executing a simple POA.
Those who have no choice must resort to Guardianship but those who are able are encouraged to ensure they have a POA in place. We are contacted several times every year by family members seeking a POA for a relative who has a capacity issue but in many cases that contact has come too late as the individual must execute the POA prior to the loss of capacity.
The process
The best way to start things off is with a face-to-face meeting. That way we can discuss your circumstances and wishes and any questions that arise in relation to them. If physically attending the office is difficult, we may be able to arrange a ‘virtual meeting’ by way of a video call, or a home visit.
In our meeting, we will discuss how powers of attorney (POAs) work and the different powers that are involved including those covering your financial and administrative matters as well as your personal welfare. We will also discuss who you would wish to appoint, and whether this would be a sole attorney or joint attorneys, and the appointment of substitute attorneys.
Your POA will then be drafted and sent to you for you to review and check at home. Any queries or required changes can be dealt with by phone or by email.
Once you are happy with the terms of the draft, the final version of the POA will be prepared for signing. This document must be signed in the presence of a solicitor, so we will arrange another meeting to attend to this. We will then deal with registration of your POA at the Office of the Public Guardian.
When POAs are being instructed by two people at the same time, e.g. by a married couple, it important that each person is able to give us their own clear instructions.
The cost
Our fee for a single power of attorney starts at £495 plus VAT and £695 plus VAT for two “mirror” powers of attorney for married or co-habiting couples, and will increase on a time-spent basis depending upon the complexity and circumstances (e.g. if home visits, additional meetings or consultations with doctors or other professionals are required). Our solicitor hourly rates range from £300 – £395 plus VAT.
There will also be Office of the Public Guardian registration fees of £99 per POA.
Discounts can apply if you are putting a will (or wills) in place at the same time.
Identity checks
If you are a new client to Balfour+Manson, or a returning client who we have not seen for two years or more, we are required to confirm your identity by checking (or re-checking) two proof of identity documents, which can be done in person or online. We are now also required to undertake regulatory searches to ensure that clients are not politically exposed or on any sanctions lists. The regulatory checks cost up to £18 per person.
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