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The thought of watching our friends and loved ones losing their mental capacity is hard to bear. Additionally, many of us will then experience the difficulties of dealing with their finances and welfare.

By creating a Lasting Power of Attorney, you can make your wishes clear if the worst should happen to you.

Our wills and probate solicitors can create an LPA that is legally valid and tailored to your specific needs. This will safeguard your future and the well-being of your loved ones.

 

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is also known as an LPA. It is a legal document that allows you (the donor) to appoint someone you trust (the attorney) to make decisions on your behalf should you lose mental capacity. This could be due to illness, injury, or old age.

These decisions can cover aspects such as healthcare, finances, and property management.

A Lasting Power of Attorney is a separate document to your will. However, many people put them in place at the same time they write a will.

 

Do I Need to Make a Lasting Power of Attorney?

It is recommended to make a Lasting Power of Attorney, as without one, your spouse or civil partner will not be able to make decisions about your finances or health and care if you lose mental capacity.

Many people assume that if they are married or in a civil partnership, their spouse or civil partner will automatically be able to make decisions on their behalf, but this is not the case.

As a result it is important to set up an LPA while you still have mental capacity, and this is why many people make them at the same time as creating their Will.

 

What types of Lasting Power of Attorney are there?

There are two types of LPA, each serving a different purpose:

  1. Health and Welfare LPA, and
  2. Property and Financial Affairs LPA

Health and Welfare LPA

A Health and Welfare LPA empowers your attorney to make decisions about your:

  • Medical care
  • Living arrangements, and
  • Support services

This type of LPA may also grant or withhold permission for life-sustaining treatment.

Your chosen attorney can only use this LPA when you lack the mental capacity to make these decisions yourself.

Property and Financial Affairs LPA

A Property and Financial Affairs LPA authorises your attorney to manage your:

  • Bank accounts
  • Investments
  • Property, and
  • Any other financial matters

Unlike the Health and Welfare LPA, your attorney can use this LPA as soon as it is registered, unless you specify otherwise.

 

Do I Need a Solicitor to Create a Lasting Power of Attorney?

You don’t need a solicitor to create a Lasting power of Attorney. You can get the forms from the Office of the Public Guardian.

However, people often encounter issues when they create LPA’s themselves. Often when it’s too late to do anything about it.

For example, a lack of legal guidance can lead to ambiguous instructions to your attorney(s). This could cause disputes and challenges later. In some cases, your instructions might not even be legally valid.

There have also been cases where the Court of Protection have prosecuted attorneys for breach of duty because they weren’t clear on their role.

 

What are the Benefits of Hiring a Solicitor to Help Create a Lasting Power of Attorney?

Working with a solicitor when creating an LPA offers several advantages:

Expertise and Experience

Solicitors are well-versed in the intricacies of LPA legislation. They can help you understand the legal implications of various provisions. They can:

  1. Tailor your LPA to your unique circumstances, and
  2. Ensure that it is legally binding and free of errors that could lead to disputes or challenges later.

Professional Guidance

A solicitor can explain the consequences of different LPA provisions.

They can help you appoint suitable attorneys and replacements. They can also register your LPA with the Office of the Public Guardian (OPG).

Peace of Mind

Having a solicitor prepare your LPA ensures that your wishes are respected and carried out.

A professionally drafted LPA also reduces the:

  1. Risk of a potential abuse of power and
  2. Likelihood of family disputes over your affairs

 

Why Choose Rothera Bray?

Our Wills and Probate team have a wealth of experience in drawing up LPAs, no matter what your situation.

Once you instruct us you will be assigned a dedicated member of the team who will deal with your matter from start to finish and keep you updated at all stages.

Each of our seven offices across Nottinghamshire, Leicestershire and Derbyshire has fully qualified Wills and Probate staff who can advise and support you on your matter.

We can offer home or hospital visits if more convenient.

Several of our solicitors are members of Solicitors For the Elderly (SFE) and the Society of Trust and Estate Practitioners (STEP).

Contact our Wills and Probate Team

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Kirsten Wood

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Kirsten Wood
Head of Wills and Probate

If you’re happy then we’re happy too.

4.8 358 reviews

Posted 27/01/2020

Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

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I cannot thank you enough for all you have done for me. I don't know whether you can truly appreciate how incredibly important the success of this matter is to me. I couldn't have done this without you, and there just aren't the words to express my gratitude to you for all this. You have enabled me to have a peace of mind and you just can't put a price on that. Please tell Rebecca how absolutely thrilled to bits I am with the work you have done for me, which is beyond priceless and for which I will be forever grateful

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My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

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I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

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We are in the middle of launching our own packaging agency and contacted Rothera Bray for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rothera Bray.

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I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.

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My experience with Rothera Bray was an easy and smooth process, regarding a settlement agreement with a previous employer. They helped me understand all the legal jargon and details and made it very clear what the agreement was asking of me and what they would provide in return without it seeming complicated. They were prompt and resolved any issues or queries I had and I found them to be friendly and professional. I would definitely recommend Rothera Bray to anyone seeking legal advice, even if you've had no experience with a solicitor before, as they're very welcoming and help you to understand everything.

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Thank you for all your hard work, which paid off in the end. As well, thank you for your amazing service and support you provided for me all the way through. It was pleasure to work with you and I wish you all the best.

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I recently had the good fortune to engage Rothera Bray for a company sale. From start to finish, Sandeesh Samra and the team were on hand to give practical and professional advice.

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Contact our Wills and Probate Team
Wills, Probate & Trusts Team
Christina Yardley CEO

Christina Yardley

c.yardley@rotherabray.co.uk

Christina‘s expertise covers a full range of private client services including Wills, Probate, Trusts, Care Fees Planning, Power of Attorney, Court of Protection, Tax Planning and Conveyancing.

Jeremy Allen

Jeremy Allen

j.allen@rotherabray.co.uk

Jeremy Allen is a Wills, Probate and Trusts specialist at Nottingham based law firm Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Russell Dalby

r.dalby@rotherabray.co.uk

Russell is a Partner based at our Market Harborough office and specialises in all areas of Private Client work. He predominantly deals with probate administration and estate planning work – such as advising on Wills, Lasting Powers of Attorney and Inheritance Tax planning.

Karen Hayward

Karen Hayward

k.hayward@rotherabray.co.uk

Karen Hayward is a partner and Chartered Legal Executive at Nottingham-based law firm Rothera Bray Solicitors, with over 20 years’ experience in Wills, Probate, Lasting Powers of Attorney and Court of Protection applications. Karen is based at our Beeston office.

Nelissa Hicks

Nelissa Hicks

n.hicks@rotherabray.co.uk

Nelissa is Partner at Rothera Bray with a demonstrated history of working in the legal services industry. Nelissa has over 20 years’ experience as a Wills, Probate, Tax and Trusts solicitor and is based at our Mapperley office. She is skilled in Inheritance Tax Planning and the Administration of Trusts and Estates.

Andrew Hitchon

a.hitchon@rotherabray.co.uk

Andrew has specialised in the private client sector for over 10 years. He is also a fully qualified TEP practitioner and deals with a wide range of legal expertise including Trusts and Tax Planning.

Kirsten Wood

Kirsten Wood

k.wood@rotherabray.co.uk

Kirsten Wood leads the firm’s Wills and Probate department and is a partner with over 18 years’ experience specialising in will drafting, tax, trusts, estate administration and lasting powers of attorney.

James Briggs

James Briggs

j.briggs@rotherabray.co.uk

James Briggs is a senior associate and private client solicitor at our Lace Market office.

Amelia Carruthers

a.carruthers@rotherabray.co.uk

Amelia Carruthers is a Senior Associate at Rothera Bray’s Derby office and is experienced in drafting wills, lasting powers of attorney, administering estates and providing tax advice and planning.

Ann Farnill

Ann Farnill

a.farnill@rotherabray.co.uk

Ann Farnill is a Senior Associate in Rothera Bray‘s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham City Centre. She specialises in Wills, Inheritance Tax planning, Powers of Attorney including acting for lay attorneys, Estate planning and administration and Court of Protection.

Carly Harwood

c.harwood@rotherabray.co.uk

Carly Harwood is a Senior Associate Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Melissa Merry

Melissa Merry

m.merry@rotherabray.co.uk

Melissa Merry is a Consultant in our Wills and Probate department, with over 30 years of experience in private client work. Melissa is based at our Lace Market office in Nottingham City Centre.

Sarah Soo

Sarah Soo

s.soo@rotherabray.co.uk

Sarah Soo is a Wills and Probate specialist at Nottingham-based law firm Rothera Bray Solicitors and has specialised in private client work since she began her career. Sarah is currently based in our Beeston office.

Ruth Tarr

Ruth Tarr

r.tarr@rotherabray.co.uk

Ruth is a Senior Associate in Rothera Bray’s Wills and Probate team, and specialises in Court of Protection matters. She is based at our Lace Market office in the heart of Nottingham city centre.

Amy Goodwin

a.goodwin@rotherabray.co.uk

Amy Goodwin is an Associate in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Eleanor Robinson

Eleanor Robinson

e.robinson@rotherabray.co.uk

Eleanor Robinson is a Wills, Probate and Trusts specialist at Nottingham-based law firm Rothera Bray Solicitors and is based at our West Bridgford office.

Adam is a Private Client solicitor at Rothera Bray, based in Market Harborough.

Adam Ali

a.ali@rotherabray.co.uk

Adam is a Private Client solicitor who is based at our Market Harborough office.

Aleksandra Cebula

Aleksandra Cebula

a.cebula@rotherabray.co.uk

Aleksandra Cebula is a Solicitor in Rothera Bray’s Wills, Probate and Trusts department and is based at our Beeston office.

Faith Hill

f.hill@rotherabray.co.uk

Faith Hill is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Charlotte Jenkins

c.jenkins@rotherabray.co.uk

Charlotte is a Solicitor in the Private Client Department based at the Market Harborough office. She advises clients on a range of private client services including Wills, Trusts, Probate and Lasting Powers of Attorney.

Jasmin Marshall

j.marshall@rotherabray.co.uk

Jasmin Marshall is a Solicitor in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Alison Richardson

Alison Richardson

a.richardson@rotherabray.co.uk

Alison Richardson is a member of the wills, trust & probate team based at our Mapperley office.

Rebekah Royles

r.royles@rotherabray.co.uk

Rebekah Royles is a Legal Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Sarah Singh, a Wills and Probate solicitor, is based at our West Bridgford office.

Sarah Singh

s.singh@rotherabray.co.uk

Sarah Singh is a solicitor within Rothera Bray’s Wills and Probate Department and is based at the firm’s West Bridgford office.

Libby Birt

Libby Birt

l.birt@rotherabray.co.uk

Libby Birt is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Derby office.

Lacey Glover

l.glover@rotherabray.co.uk

Lacey Glover is a Private Client Executive in Rothera Bray’s Wills and Probate department and is based at our Lace Market office in Nottingham city centre.

Sallie Poultney

s.poultney@rotherabray.co.uk

Sallie is a Private Client Executive in the Private Client Department at our Market Harborough office. She advises clients on a range of private client services including Wills, Probate and Lasting Powers of Attorney.

Amanda White

a.white@rotherabray.co.uk

Amanda is a Private Client Executive in the Private Client Department at our Leicester office. She advises clients on a range of private client services and has been handling her own caseload since 2014.

Talita Fantauzzi

Talita Fantauzzi

t.fantauzzi@rotherabray.co.uk

Talita Fantauzzi is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anjnee Gorecha

a.gorecha@rotherabray.co.uk

Anjnee Gorecha is a Trainee Solicitor in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Lyndsey Hudson

Lyndsey Hudson

l.hudson@rotherabray.co.uk

Lyndsey is a Trainee Solicitor in Rothera Bray’s Private Client department and assists with Court of Protection matters. She is currently based at our Lace Market office.

Eugene Pratashchyk

e.pratashchyk@rotherabray.co.uk

Eugene is a Trainee Solicitor currently working in our Wills and Probate department, having previously completed a double seat with the Corporate team and Commercial Property and a seat in our Personal Injury department.

Jack Cooper

j.cooper@rotherabray.co.uk

Jack Cooper is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our West Bridgford office.

Anna Guy

Anna Guy

a.guy@rotherabray.co.uk

Anna Guy has over 10 years’ experience of working in law firms, and 7 years’ experience of dealing with Wills and Probate matters.

Clara Montgomery

c.montgomery@rotherabray.co.uk

Clara is a Senior Paralegal in our Private Client department. She is based at our Market Harborough office.

Hollie Moore

Hollie Moore

h.moore@rotherabray.co.uk

Hollie Moore is a Senior Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Lisa Warren

Lisa Warren

l.warren@rotherabray.co.uk

Lisa Warren is a Senior Paralegal in Rothera Bray’s Wills and Probate team and is based at our Derby office.

Brett James

Brett James

b.james@rotherabray.co.uk

Brett James is a Wills and Probate Paralegal at Rothera Bray Solicitors and is based at our Lace Market office.

Michelle Kingston

Michelle Kingston

m.kingston@rotherabray.co.uk

Michelle Kingston is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Louise Mathison

l.mathison@rotherabray.co.uk

Louise Mathison is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Lace Market office.

Jordan McBallantine

Jordan McBallantine

j.mcballantine@rotherabray.co.uk

Jordan McBallantine is a paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

Janet Prentice

Janet Prentice

j.prentice@rotherabray.co.uk

Janet Prentice is a Paralegal in Rothera Bray’s Wills, Probate and Trusts department and is based at our Lace Market office in the heart of Nottingham city centre.

Sue Radford

Sue Radford

s.radford@rotherabray.co.uk

Sue Radford is a Paralegal in Rothera Bray’s Wills and Probate department and is based at the firm’s Beeston Office.

Gill Subbarao

g.subbarao@rotherabray.co.uk

Gill Subbarao is a Paralegal in Rothera Bray’s Wills and Probate department and is based at our Mapperley office.

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