• Axminster: 01297 630700
  • Seaton: 01297 626950
  • Chard: 01460 269700
  • Honiton: 01404 548050

Overview

Powers of Attorney and the Court of Protection

The thought of losing our mental capacity and being unable to make our own decisions is frightening but a potential reality. Making provisions now will ensure, that if the worst happens, your affairs will be managed by someone you trust.

We are a knowledgeable power of attorney law firm that takes great care with each of our clients. The Private Client Team at Beviss & Beckingsale can advise you during each step of the process.

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document which allows you to appoint someone to manage your affairs for you should you become incapable of doing so.

There are two types of LPA:

  • Property and Financial Affairs Lasting Power of Attorney - lets you choose one or more people to make decisions for you about property and financial affairs.
  • Health and Welfare Lasting Power of Attorney – lets you choose one or more people to make decisions for you regarding your health, such as medical treatment

LPAs are legally binding documents so require careful consideration. As impartial advisers, we can help you choose which one is right for you. We will guide you through the process and ensure accurate completion and registration.

Court of Protection

If at some stage in the future you were to lack the mental capacity to make decisions yourself, perhaps through age, accident or ill health, and there is no LPA in place, a deputyship application can be made to the Court of Protection.

The Court of Protection can be asked to appoint someone to represent your interests and either help you carry out your wishes or, if you are mentally incapable, make them on your behalf.

The circumstances leading to a Court of Protection application are often distressing, particularly when it is for a loved one. We will sensitively support and help you through the process and do all we can to ensure it is as straightforward and trouble-free as possible.

These are sensitive subjects which require much thought and understanding. If you would like help with this, please contact us.

Probate fee increase – a stealth tax?

Posted by Natalie Tonkin on April 26th 2019 in POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

Labelled a “steal tax” by critics, the current flat fee of £215 (or £155 if applying through a solicitor) for...

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How to choose a Solicitor

Posted by Mark Ollier on October 17th 2018 in AGRICULTURAL AND RURAL AFFAIRS, All , COMMERCIAL PROPERTY, DISPUTES AND CLAIMS, FAMILY, MOVING HOUSE, POWERS OF ATTORNEY AND THE COURT OF PROTECTION, SERVICES FOR BUSINESSES, WILLS, TRUSTS AND ESTATES.

Choosing a Solicitor?

As a regular subscriber to Which magazine, I was immensely gratified to see the booklet enclosed which their...

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Making Proper Arrangements: LPA

Posted by Robert Mitchell on February 20th 2017 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

Robert Mitchell, one of Beviss & Beckinsale's Private Client Solicitors based at our Honiton Branch, has been writing about making...

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Pension Tax Rule Amendments 2015

Posted by Mark Ollier on March 23rd 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

A number of changes are being made to Pension Tax rules to reflect the great flexibility individuals will have to...

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Access the Wills of Charles Dickens, Winston Churchill and Beatrix Potter!

Posted by Victoria Emmett on February 11th 2015 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

HM Courts & Tribunal Service have made available for public viewing 41 million wills which date back to 1858.   You...

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Fixed costs for Probate Services

Posted by Victoria Emmett on September 30th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

At Beviss & Beckingsale we are always asking our clients how they feel we can improve our services and, yes,...

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Increase in DIY Probate leads to 300% increase in Estate Administration Claims

Posted by Emma Northover on September 30th 2014 in All , DISPUTES AND CLAIMS, POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

There is always the temptation in life to try and save money but equally, there is the well known saying,...

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Application to Appeal IHT Relief Claim on Holiday Lettings Rejected

Posted by Victoria Emmett on May 27th 2014 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION.

The door appears to have finally slammed shut on a family’s attempt to obtain Business Property Relief (BPR) from Inheritance...

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Care home funding - NHS Continuing Health Care

Posted by Paul Watkins on October 25th 2013 in All , POWERS OF ATTORNEY AND THE COURT OF PROTECTION, WILLS, TRUSTS AND ESTATES.

In the summer of 2010 Mrs B was admitted to hospital following a fall in which she suffered a fractured...

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