Power of Attorney
By creating a power of attorney, you can make sure that help is in place if an accident or illness renders you unable to manage your own affairs. Without prior arrangements, your friends and relatives may find it difficult to assist you in the future.
A Power of Attorney is a document in which you can appoint someone to act on your behalf in relation to your finances, property and possibly even your health and welfare.
Making a Power of Attorney gives both you and your family the security of knowing that if anything happens you know your wishes will be respected. At Frodsham’s Solicitors, we have helped many people to make and register a power of attorney, providing specialist advice tailored to your specific needs.
Our team have many years of experience in helping clients and their families navigate the legal process during some of life’s most challenging and difficult times. Our Private Client Director, Kirsty Strong, heads the team of 5 solicitors and 2 trainee solicitors and has been working in this area since 2009, handling some difficult and complex matters in that time. Our Managing Director, Amanda Woods works alongside the team and has more than 20 years of experience working with the elderly and vulnerable client.
Our solicitors have experience in all aspects of private client law, and we dedicate ourselves to ensuring our knowledge stays up to date, in order to give you the best service possible. They have between 1 and 10 years of experience in the area. We make sure that junior solicitors and members of staff are supported and supervised appropriately so that the quality of advice is not affected, regardless of who is working on your case.
We also employ a team of around 5 legal assistants into the dept. who do much of the day to day work on cases. Although they are not legally qualified, they have between 2 and 30 years’ experience, have received extensive training within our firm and work under the direct supervision of a solicitor with at least 5 years post qualification experience.
We have a proven track record in achieving an effective and caring service throughout our departments. You can find out more about our price information on our website.
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Power of Attorney Guide
To help you on your journey, we have prepared a Power of Attorney guide. Simply click on a heading below to find out more.
What is a Power of Attorney?
There are different types of powers of attorney and each type will determine the scope or extent of the attorney’s authority.
The different types of Powers of attorney are:
Roles and Responsibilities of a Power of Attorney
As the maker of a power of attorney you will be known as a Donor. The person you choose to act on your behalf is known as the Attorney. You can choose more than one attorney and you can state whether they should act together only or together and separately.
An attorney can be given a general authority to act or you can restrict their authority to specific assets or tasks. To make a power of attorney you as the Donor must understand the nature and effect of the document. Where you haven’t the requisite mental capacity to understand the document then the court can appoint someone to act on your behalf. The court appointed person is known as the Deputy and the application for a Deputy appointment is made to the Court of Protection. Your attorney must always act in your best interests; they should do only as you would have done had you been acting in person. An example would be that they can continue to make gifts on your behalf if that was in keeping with your usual behaviour, but they cannot increase the value of the gift if they think it too small.
Once a power of attorney is made an attorney can act immediately, if you desire it. All, except ordinary powers of attorney, will remain valid if you later lose mental capacity. Many powers of attorney are made for future use and are not necessarily needed for immediate use; they can be treated as a type of insurance policy to cover any possible future need. After making a power of attorney if you later change your mind and wish to cancel (revoke) it then you can do so at any time whilst you retain mental capacity. Likewise, an attorney can change his or her mind and refuse to act in the capacity as your attorney by disclaiming.
“We had a great experience with Frodsham’s. They dealt with our purchase incredibly quickly and navigated the pressures our buyer was putting on us throughout the process. Sue King was very responsive, calm and honest and we wouldn’t hesitate to recommend her and Frodsham’s. I also want to mention Claire on reception-often when I phoned it was in extremely stressful situations and Claire was always so lovely and helpful, giving us information or passing us through quickly. We highly recommend and will be using them again in the future.”
“Frodsham’s are so supportive and helpful. They supported me through a very difficult time, and I cannot thank them enough for everything they did for me. From the receptionist to Kirsty, our solicitor, I could not fault them as a team. The team are all very down to earth and I felt confident that they would explain everything to me in a way I could understand. Well done and thank you.”
“We were extremely pleased with Frodsham’s. Rachael and Sue are a real credit to this firm, their customer service was fantastic and kept us up to date throughout the whole process. Even when we were facing unforeseen issues Rachael and Sue were there to fight our corner and ensure our move happened. We simply cannot fault them, and 5 stars is not enough!”
“Kirsty Strong provided us with a great service and went out of her way to assist us whenever others couldn’t, we will be forever grateful.”
“I recently used Paula for some family advice and I also made a Will through Frodsham’s. Paula was empathetic and clear at a difficult time. I wouldn't hesitate to recommend Frodsham’s to anyone seeking legal advice. Thank you for looking after me.”
“I would like to start by saying I cannot recommend this company enough. I recently had to get an urgent Power of Attorney for my Father as he was taken into hospital with Covid-19. This was an extremely stressful and worrying time for my family and I, which without a doubt would have been more difficult without the help of Frodshams. Kirsty dealt with everything from start to finish with complete professionalism and empathy. She understood the urgency of the situation and went above and beyond her duty of care as a solicitor to ensure everything was in place. My family and I are extremely grateful and will certainly be using Frodshams again in the future.”