We can help you appoint trusted people to manage your affairs
A Lasting Power of Attorney is a document that allows you, the donor, to appoint people you trust to manage your affairs and act on your behalf in the event of you ever losing mental capacity or if you simply decide to delegate the management of your financial affairs. If you lose capacity and do not have a Power of Attorney in place, dealing with your assets can become difficult and your family may have to begin the protracted process of applying to the Court of Protection to appoint a deputy. By making a Lasting Power of Attorney, you are appointing people you trust to act on your behalf, should that become necessary. Your attorneys must always act in your best interests and in accordance with the Mental Capacity Act.
How can we help?
There are two types of Power of Attorney, covering health and welfare and property and finances.
It is advisable for many people to make Powers of Attorney appointing trusted individuals to look after your affairs should you become unable to manage your finances or make decisions for yourself regarding your health and welfare. It is advisable to take legal advice before proceeding.
In particular, you may wish to include guidance or instructions to your attorneys on how your affairs are managed and the way in which they make decisions on your behalf. We are able to give considered advice in this area and ensure that you make a Power of Attorney that suits your own specific circumstances and reflects your wishes.
There are also different ways in which your Power of Attorney can be used, and it is important to take advice as to how and when you would like it to be utilised by your attorneys.
As part of the process of validly putting your Power of Attorney in place, a relevant person is required to certify your capacity and to confirm that no one is placing any pressure on you to make the Power. In most cases, one of our solicitors will be able to act as your certificate provider.
Why choose Wallace Robinson & Morgan?
At Wallace Robinson & Morgan, our experienced and friendly solicitors are here to help. Making a Lasting Power of Attorney is an important step and we understand the need for expert, bespoke advice before taking the decision to proceed with such an important and powerful document.
FAQ’s
Understand the importance of Lasting Powers of Attorney with our FAQ’s. Gain insight into how to secure your future decision-making.
You can choose anyone to act on your behalf, provided that they are over the age of 18, have mental capacity and are not bankrupt at the time the Power of Attorney is made. It is important that you pick people you trust to be your attorneys and, for this reason, most people choose their spouse, children or other close family members.
Your attorneys’ duties and powers are set out in the Mental Capacity Act 2005 and the Mental Capacity Act Code of Practice. They have a legal duty to act in your best interests, and can only make decisions that they have authority to make.
If your attorneys are acting beyond their powers, or not in your best interest, they can be reported to the Office of the Public Guardian. They will investigate and may apply to have the attorney removed.
What to do next?
Book an appointment with our dedicated Wills and Probate solicitors. Our Solihull and Dorridge teams are here to provide expert advice tailored to your needs.
Call us at 0121 705 7571 for Solihull or 01564 779393 for Dorridge. Alternatively, fill out the contact form below—your privacy is assured—and we’ll arrange a convenient time to assist you.

Liam Wdowiak

Ruth Nolan

Gary Sawyer

Uzma Rasool

Shola Parry
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