Power of attorney solicitors, Guildford
Explore how we can help you and your family with any powers of attorney legal requirements.
Contact our teamAt Moore Barlow our team of experienced solicitors in Guildford understands the complexities and challenges individuals face when it comes to matters of power of attorney.
We believe in making things easier for you and your loved ones during difficult times. With our expertise and knowledge in this field, we can guide you through the legal process and ensure that your interests are protected.
Our dedicated power of attorney solicitors in Guildford have helped numerous clients navigate through the intricacies of this area of law. With a track record of successfully representing clients, you can trust us to advocate for your rights. Whether you require help with a lasting power of attorney, an enduring power of attorney, or any other related matter, our team is committed to providing you with personalised, compassionate, and reliable legal guidance. As your trusted legal partner, we are here to navigate this complex process and help you make informed decisions that align with your best interests.
What is power of attorney?
Power of attorney is a legal document that allows someone to make decisions and act on behalf of another person in financial, legal, or healthcare matters. It grants authority and must be signed and witnessed to be valid.
Why choose us?
When it comes to power of attorney matters in Guildford, trust the expertise of Moore Barlow. Our team of dedicated solicitors understand the intricacies of this legal process and are committed to providing you with comprehensive guidance and support. With years of experience, we have helped numerous clients in Guildford establish and manage their power of attorney arrangements, ensuring their wishes are protected. Choose Moore Barlow for reliable and professional advice regarding power of attorney in Guildford.
Moore Barlow is proud to hold key accreditations that reflect our expertise and commitment within the field of mental capacity law. We are recognised by the Law Society with their Wills and Inheritance Quality Scheme (WIQS) accreditation, highlighting our specialist knowledge in handling complex estate planning and powers of attorney cases. Our firm is also ranked by Chambers & Partners and The Legal 500, both of which independently verify the quality of our client service and legal outcomes. Unlike many regional firms, our team includes solicitors who are members of STEP (the Society of Trust and Estate Practitioners), a global professional body that sets the benchmark for best practice in this area of law. We are also known for our empathetic and tailored approach, ensuring that every client receives advice that is both legally sound and emotionally supportive, particularly important when dealing with sensitive issues such as mental incapacity.
How we can help
Our experienced team of power of attorney solicitors in Guildford is dedicated to helping individuals navigate the complexities of this legal area. We understand the importance of planning and protecting your future, and we provide expert guidance on all matters related to Power of Attorney. Whether you require assistance in creating a power of attorney, updating existing documents, or dealing with disputes or challenges, we are here to help. Our solicitors have in-depth knowledge and extensive experience in this field, allowing us to provide tailored solutions to your unique circumstances. Trust us to provide you with the support and expertise you need to make informed decisions and protect your interests.
Our solicitors can provide comprehensive guidance on a wide range of legal services related to powers of attorney. This includes drafting and registering both Lasting Powers of Attorney (LPA) for health and welfare, and for property and financial affairs. We assist with Enduring Powers of Attorney (EPA) where these are still applicable, and can advise on revocation of existing LPAs or EPAs when needed. In addition, we offer support with Deputyship applications to the Court of Protection when an individual lacks the capacity to make a power of attorney. We also work closely with families and financial institutions to help interpret attorney powers, resolve disputes between attorneys, and provide representation in contested matters regarding capacity or misuse of power. Our holistic approach ensures your legal affairs are managed with the utmost professionalism and compassion.
Our team of mental incapacity solicitors
Helen Goatley
Partner & Immediate Past Chair | Personal Injury, Court of Protection
Understanding the role of attorneys
Being appointed as an attorney under a power of attorney comes with significant legal responsibilities. Attorneys are legally required to act in the donor’s best interests at all times, maintain accurate records of decisions and transactions, and follow the principles of the Mental Capacity Act 2005. It’s also essential for attorneys to distinguish between personal preferences and legally enforceable obligations, particularly when managing finances or making decisions around care. Many attorneys benefit from professional legal advice to navigate complex choices, avoid potential conflicts of interest, and ensure full compliance with statutory duties.
Risks of not having a Power of Attorney in place
Without a power of attorney, life decisions can become significantly more difficult if incapacity arises. Families may face delays in accessing bank accounts, selling property, or making personal care arrangements.
In some cases, even routine tasks such as paying bills or managing pensions can be obstructed, requiring costly and time-consuming legal intervention through the Court of Protection.
Establishing a power of attorney not only gives you control over who manages your affairs but also provides peace of mind that your wishes will be respected during vulnerable periods.
Who we help
Our power of attorney solicitors in Guildford specialise in assisting individuals of all ages and backgrounds with the creation and management of their power of attorney documents. We work closely with clients to ensure their wishes are accurately reflected and legally protected.
We assist a diverse range of clients including elderly individuals and their families planning for the future, professionals looking to safeguard their assets, and people with long-term health conditions or disabilities who need a trusted person to manage their affairs. Our services are also frequently sought by high-net-worth individuals from sectors such as finance, healthcare, creative industries, and property management, where complex asset structures require careful consideration. In addition, we support carers, social workers, and company directors seeking legal clarity on making decisions for someone lacking capacity in either a personal or professional capacity. No matter the circumstances, our experienced team offers legal advice that reflects the unique needs of each client we serve.
Contact us
For expert legal advice and assistance regarding power of attorney matters in Guildford, trust our experienced team at power of attorney solicitors Guildford. Contact us today to schedule a consultation and let us guide you through creating or disputing power of attorney arrangements.
We have offices in London, Richmond, Southampton, Guildford, Lymington and Woking and offer specialist power of attorney legal services to clients nationwide. Contact Moore Barlow to find out how we can help you and your family.
Contact our mental incapacity team
Frequently asked questions – Power of Attorney
What is the difference between a Lasting Power of Attorney and an Enduring Power of Attorney?
Enduring Power of Attorney (EPA) was the format used before 2007 and only covers decisions about financial matters. Lasting Power of Attorney (LPA), introduced afterward, allows for decisions to be made regarding both financial affairs and health and welfare. LPAs also require registration with the Office of the Public Guardian before they can be used, whereas EPAs could be used before registration unless the donor had lost capacity.
Can I appoint more than one attorney?
Yes, you can appoint more than one person to act as your attorney. You can choose for them to act jointly (all must agree on every decision), jointly and severally (they can act together or independently), or jointly for some decisions and jointly and severally for others.
What happens if I don’t have a power of attorney and lose mental capacity?
If you lose mental capacity without a power of attorney in place, your loved ones will need to apply to the Court of Protection for a deputyship order. This process is often more time-consuming, expensive, and administratively burdensome than setting up a power of attorney in advance.
Is a power of attorney valid after death?
No, a power of attorney ceases to be valid once the donor dies. After death, control of the deceased’s estate moves to the executors of the will or administrators if there is no will.
Can I cancel or change my power of attorney?
Yes, as long as you have the mental capacity to do so, you can revoke or amend your power of attorney at any time. This must be done in writing and may require notification to the Office of the Public Guardian.
When is the best time to set up a Power of Attorney?
It is advisable to establish a power of attorney as early as possible, ideally while you are in good health and fully capable of making decisions. Mental incapacity can arise unexpectedly due to illness, injury, or age-related conditions, and waiting too long can result in missed opportunities to make legally binding arrangements. By acting early, you ensure your affairs are managed according to your preferences without the need for court intervention.
