Power of Attorney

A Power of Attorney is a legal document that allows one person (the donor) to give another person (the attorney) the authority to make decisions on their behalf. The decisions can relate to finances, property, or health and welfare, depending on the type of Power of Attorney you set up. It gives someone you trust the legal right to act for you if you become unable to make decisions yourself, for example, due to illness, an accident, or loss of mental capacity.

Understanding Power of Attorney

A Power of Attorney is a legal document that allows one person (the donor) to give another person (the attorney) the authority to make decisions on their behalf. This can include financial decisions, property matters, or health and welfare choices.

If you want someone you trust to manage your affairs or step in if you become unable to make decisions yourself, you will need to grant them Power of Attorney.

Why Timing Matters: Mental Capacity

You can only set up a Power of Attorney while you still have mental capacity, meaning you can understand information, weigh it up, and communicate your decisions.

Because capacity can change unexpectedly, it is wise to put a Power of Attorney in place early, ensuring your wishes are protected and your affairs can be managed smoothly.

The three main types of power of attorney

1. Lasting Power of Attorney (LPA)

A Lasting Power of Attorney (LPA) allows someone you trust to make decisions on your behalf after you lose mental capacity, or earlier if you choose. LPAs were introduced to give people long‑term protection and control over their future affairs.

There are two types:

• Property and Financial Affairs LPA — covers money, bills, bank accounts, property and investments.

• Health and Welfare LPA — covers medical treatment, care decisions, daily routine and life‑sustaining treatment.

LPAs remain valid even if you later lose the ability to make decisions yourself.

2. Ordinary Power of Attorney

An Ordinary Power of Attorney gives someone authority to manage your financial affairs while you still have full mental capacity. It is typically used for:

• Short‑term support (e.g., if you are abroad or recovering from illness)

• Allowing someone to manage day‑to‑day finances temporarily

• Situations where you want help but still retain full decision‑making ability

It becomes invalid if you lose mental capacity.

3. Enduring Power of Attorney (EPA)

Enduring Powers of Attorney (EPAs) were replaced by LPAs in 2007, but any EPA created before that date is still legally valid.

EPAs cover property and financial decisions only and can be used:

• While you still have mental capacity

• After you lose mental capacity, once it has been registered

If you have an existing EPA, we can advise on its validity and whether an LPA may also be beneficial.

Why is it important to make a Lasting Power of Attorney?

• Nominate someone you trust to look after your affairs and welfare in the future, ensuring your wishes are respected if you become unable to make decisions yourself.

• Specify your wishes and clearly define the powers your attorneys should have, giving you full control over how your finances, property, health or care decisions are managed.

• Decide who is notified when your Lasting Power of Attorney is registered, allowing those individuals to raise any concerns early if necessary.

• Reduce the risk of future conflict by ensuring your signature and the signatures of your attorneys — are properly witnessed, providing legal certainty and preventing disputes later on.

Probate and Administration of Estates

Expert probate solicitors assisting executors, administrators and families with estate administration, inheritance tax, grants of representation and the distribution of assets across London and Essex.

Understanding Probate and Estate Administration

When someone close to you passes away, someone must take responsibility for dealing with their estate — the money, property and possessions they owned at the time of their death. The probate process involves:

• Collecting assets and money owed

• Paying debts and outstanding taxes

• Distributing the estate to the rightful beneficiaries

Our probate solicitors provide clear, compassionate guidance throughout this process, ensuring everything is handled correctly and efficiently.

What Is a Grant of Representation?

All assets in an estate, including property, are usually frozen until the Probate Registry issues a Grant of Representation. This legal document gives authority to:

• The executor named in the Will, or

• The administrator (if there is no Will), appointed according to the rules of intestacy

Learn more about Grants of Representation.

If there is a Will

If a valid Will exists, the estate is distributed to the beneficiaries named in the document. The executor is responsible for carrying out the wishes of the deceased.

If there is no Will (Intestacy)

If there is no Will, the estate is divided according to the intestacy rules, which set out who is legally entitled to inherit.

Long‑Term Care Planning

Planning for the future is essential, especially when considering the possibility of needing long‑term care. Many people want to ensure that any future care needs are covered without having to sell their home or compromise their financial security.

Our solicitors can explain the rules around paying for permanent residential care, help you understand how your assets may be assessed, and advise on the steps you can take now to protect your interests.

Wills

Around one‑third of adults in the UK have not made a Will — leaving their estate to be distributed according to the law rather than their wishes. Making a Will ensures:

• Your estate passes to the people you choose, not those the law assumes you would want to inherit

• You can minimise Inheritance Tax through careful planning

• You can appoint executors to manage your estate and guardians for your children

• The administration of your estate is faster and more straightforward

A professionally drafted Will gives you peace of mind and protects your loved ones.

Inheritance Tax Planning

Inheritance Tax (IHT) can significantly reduce the value of what you leave behind. There are many ways to minimise IHT, depending on:

• The size of your estate

• Your family circumstances

• Your assets and financial arrangements

We provide tailored advice on Inheritance Tax planning, outlining the options available and the advantages and disadvantages of each, so you can make informed decisions.

Trusts

A Trust is a legal arrangement where assets are held and managed by you or a chosen third party (the trustee) for the benefit of specific individuals (the beneficiaries). Trusts can be created:

• During your lifetime (lifetime trusts)

• Through your Will, taking effect after your death

Trusts are governed by complex legal and tax rules, but they can be highly effective for:

• Protecting assets

• Providing for vulnerable beneficiaries

• Managing tax liabilities

• Controlling how and when assets are distributed

Guardians

If you have young children, it is vital to appoint guardians who will care for them if you pass away before they reach adulthood. This is usually done when making your Will and ensures:

• Your children are cared for by someone you trust

• There is no uncertainty or dispute about who should take responsibility

• Your wishes are legally recognised

How We Can Help

Whether you are an executor, administrator, beneficiary or next of kin, we provide practical, step‑by‑step support with all aspects of estate administration, including:

• Valuing the estate for Probate and Inheritance Tax purposes

• Preparing and submitting the Grant of Representation application

• Completing and lodging all required Inheritance Tax forms

• Collecting monies owed to the estate

• Settling debts and outstanding liabilities

• Arranging the transfer or sale of shares

• Working with our conveyancing solicitors to handle the sale or transfer of property

We ensure the process is handled with accuracy, efficiency and sensitivity.

Probate Service for Simple Estates

For straightforward estates, we offer a probate service, where we:

• Complete the necessary tax return

• Prepare and submit the Grant of Representation application

Once the Grant is issued, you can manage the remainder of the estate administration yourself.

Why Choose Us?

We understand the concerns people have about their future health, financial security and the desire to retain control over important decisions. Our aim is to make the process of granting a Power of Attorney or managing estate matters as efficient and straightforward as possible.

You benefit from:

• Clear, compassionate guidance

• A streamlined, stress‑free process

• Tailored advice based on your personal circumstances

• Support with both financial and welfare decision‑making arrangements

• A dedicated solicitor who keeps you informed at every stage

Our goal is to remove uncertainty, reduce stress and ensure your affairs are protected, both now and in the future.

Speak to Our Solicitors

For confidential advice, please contact our solicitors in Chadwell Heath, Romford, the London Borough of Redbridge, and Barking & Dagenham by calling 0208 548 9402 or emailing admin@robinsonravani.com.

Contact Us

Whether you have questions or wish to instruct a solicitor, you can speak in confidence to a member of our legal team for clear, professional and trusted advice.

Please get in touch so we can understand your needs, assess your situation and determine the most effective way to approach your legal matter with clarity and care.

You can request a call back at any time, and one of our experienced solicitors will contact you directly to provide the guidance and support you require.

Power of Attorney Services

• Deed of Variation

• Making a Will

• Probate – Estate Administration

• Estate Panning – Business Owners

• Care Home Fees and Planning or the Future

• Declaration of Trust

• Gifting Property – Deed of Gift

• Court of Protection

• Estate Administration

• Lasting Power of Attorney

• Private Client

• Probate

• Trust, Wills and Probate

• Wills, Following Divorce, Separation and Re-Marriage

• Inheritance Tax Planning

Services We Provide

• Buying and Selling Property

• Disputes and Resolutions

• Commercial Property

• Will’s, Probate and Trusts

• Immigration

• Property Litigation

• Business and Corporate Law

• Divorce and Child Contact

• Family Law