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Challenging a Lasting Power of Attorney: When and How to Contest an LPA
OLS Solicitors Blog
Challenging a Lasting Power of Attorney: When and How to Contest an LPA
Contesting a Lasting Power of Attorney (LPA)
Lasting Powers of Attorney (LPAs) are powerful legal tools that allow someone to act on another person’s behalf if they lose mental capacity. But what happens if you believe the person appointed as attorney is abusing that power – or was never validly appointed in the first place?
Contesting an LPA can be difficult, but it’s sometimes necessary to protect a vulnerable person. At OLS Solicitors, we advise families across England and Wales on how to challenge LPAs fairly and effectively.
Why Would You Challenge an LPA?
There are several common reasons people seek to contest a Lasting Power of Attorney:
- ⚠️ Lack of mental capacity: You may believe the person who made the LPA (the “donor”) did not have the mental capacity to fully understand what they were signing.
- ⚠️ Undue influence or coercion: If the donor was pressured, manipulated or intimidated into appointing someone as their attorney, the LPA could be legally invalid.
- ⚠️ Fraud or forgery: You may suspect the donor’s signature was forged or the forms were completed fraudulently.
- ⚠️ Attorney misconduct: Even if the LPA was valid, you can apply to remove an attorney who is:
- Abusing their position
- Mismanaging finances
- Not acting in the donor’s best interests
- Failing to consult with other family members
Who Can Contest an LPA?
Anyone with a genuine interest in the donor’s welfare – typically a close relative, friend, or professional advisor – can raise concerns. You don’t need to be named in the LPA or a beneficiary of the estate.
How Do You Challenge an LPA?
There are different routes depending on the stage and reason for the challenge:
- ✅ Before registration: If the LPA has been created but not yet registered, you can file an objection with the Office of the Public Guardian (OPG) using form LPA007. You must act quickly – usually within three weeks of receiving notice of intention to register.
- ✅ After registration: If the LPA is already registered and you believe the attorney is acting improperly, you can:
- Report concerns to the OPG, who may investigate
- Apply to the Court of Protection to:
- Revoke the LPA
- Remove or replace the attorney(s)
- Appoint a deputy instead
What Evidence Will You Need?
To succeed in challenging an LPA, you’ll usually need strong supporting evidence, such as:
- Medical records (showing lack of capacity)
- Witness statements (from family, carers, or professionals)
- Financial records (showing misuse of funds)
- Emails or texts (proving undue pressure or manipulation)
The court will weigh this carefully – the burden of proof is on the person making the challenge.
What Does It Cost to Contest an LPA?
Contesting an LPA through the Court of Protection involves:
- Application fee – currently £371
- Hearing fee (if required) – £494
- Legal costs – These vary significantly depending on complexity and whether the matter is resolved before a full hearing. Expect solicitor fees from £2,000 to £10,000+, though some cases may be covered by the donor’s estate if successful.
In some cases, the court may order the losing party to pay costs – especially if there’s evidence of bad faith or vexatious claims.
When Should You Seek Legal Advice?
Contesting an LPA is emotionally and legally complex. If you have genuine concerns about an attorney’s conduct – or the validity of the LPA itself – it’s crucial to get early, expert advice.
At OLS Solicitors, our dispute resolution team can:
- Review the LPA and supporting evidence
- Advise on your legal position
- Represent you in objections to the OPG or court proceedings
- Help protect the best interests of your loved one
Talk to Our Specialist Team
📞 Call us: 01554 756952
📧 Email: [email protected]
🌐 Website: www.ols-solicitors.co.uk
👉 Contact our will writing team today
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Meet the female led family law solicitors in Llanelli and Swindon
OLS Solicitors Blog
Meet the female led family law solicitors in Llanelli and Swindon
Leading Female Family Law Solicitors in Llanelli and Swindon: OLS Solicitors.
When it comes to the complexities of family law, finding the right solicitor is crucial. OLS Solicitors, a leading female-led firm, offers unparalleled expertise in Llanelli and Swindon. In this blog, we explore we are the go-to female family law solicitors in these regions.
Unmatched Empathy and Expertise by Female Solicitors
OLS Solicitors stand out for our compassionate approach to family law. Our firm’s female solicitors bring a combination of legal expertise and empathetic understanding that comes from not only being great lawyers, but from our every day lives as mums and sisters.
Female Perspective on Family Dynamics
Understanding family dynamics is vital in family law. OLS’s team of female family law solicitors bring a compassionate but firm perspective that helps navigate complex family issues with sensitivity and insight.
Bespoke Legal Solutions
Every family is unique, and so are the solutions needed. OLS Solicitors’ approach is tailored to individual needs, every client needs a different perspective and every result is different in family law. We will tell you as it is, not what you need to hear!
A Track Record of Success in Family Law
OLS’s history of successful outcomes and satisfied clients speaks volumes. They are a leading choice for those seeking female family law solicitors and our use of feedback and reviews means we can show you our track record.
Advocates for Fairness and Equality
As a female-led firm, OLS Solicitors are at the forefront of advocating for fairness and equality. Our commitment to these principles makes us stand out in the field of family law.
Accessible Female Family Law Experts
OLS Solicitors are known for their accessibility and clear communication, making them one of the preferred female family law solicitors in Llanelli and Swindon.
Committed to Llanelli and Swindon Communities
The firm’s involvement in local initiatives and advocacy for women’s rights reinforces their position as leading female family law solicitors in Llanelli and Swindon.
In summary, for those seeking expert female family law solicitors in Llanelli and Swindon, OLS Solicitors offer the expertise, empathy, and tailored services that make a significant difference in family law proceedings. Our female-led team is a testament to their commitment to providing the best legal support in family law matters.
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Why do Solicitors have to ask clients for ID?
OLS Solicitors Blog
Why do Solicitors have to ask clients for ID?
Why solicitors need your ID for anti-money laundering
Legal Need For Client Identification
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 explicitly call for client identification as part of due diligence measures. Solicitors must verify the identity of their clients before establishing a business relationship or carrying out any transactions. This is reinforced by guidelines from the Solicitors Regulation Authority (SRA), which also mandate thorough identity checks.
Upholding Ethical Standards and Public Trust
As guardians of the rule of law, solicitors have an ethical responsibility to ensure that their services are not exploited for illegal activities. By rigorously checking client identification, small firms can contribute to a larger societal effort against financial crime. Client identification safeguards the integrity of legal transactions, thus upholding public trust in legal services.
The Necessity for Small Firms
Small solicitors’ firms, in particular, might be seen as easier targets for money laundering schemes because of assumed lax compliance procedures. Consequently, stringent identification processes are not just best practices but vital to the firm’s reputation and legal standing.
Acceptable Forms of Identification for AML Compliance
To carry out effective identity verification, here are some of the widely accepted forms of identification:
Valid Passport
An international gold standard for identity verification.
Current Photographic Driving Licence
Recognised across the UK as a reliable form of ID.
National ID Card
Acceptable for clients from countries where national ID cards are standard.
Utility Bills
Commonly used to corroborate a client’s residential address.
Recent Bank Statements
Can be used as supplementary evidence of a client’s residential status.
Company Records
For corporate clients, essential documents include Companies House extracts, memorandum and articles of association, and evidence of authority to act for the company.
By focusing on robust client identification processes, small solicitors’ firms not only meet legal and ethical standards but also significantly mitigate the risk of facilitating financial crimes. As we move forward in a digital age, these verification procedures will continue to be a frontline defence against money laundering.
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OLS Solicitors Makes a Difference: Giving Back Through Will Aid
OLS Solicitors Blog
OLS Solicitors Makes a Difference: Giving Back Through Will Aid
OLS Solicitors Makes a Difference: Giving Back Through Will Aid
When it comes to giving back to the community, OLS Solicitors in Llanelli and Swindon has shown true commitment and generosity. For four years, the firm has been actively involved in the Will Aid scheme, an annual campaign that combines the essential task of will-writing with charitable giving.
A Win-Win Situation
Will Aid is a unique campaign that allows individuals to get a professionally written will while also supporting nine vital charities in the UK and around the world. Every November, OLS Solicitors waives its usual fee for writing basic wills and invites clients to make an upfront donation to Will Aid instead.
Aiming for the Best Year Yet
Over the years, OLS Solicitors has raised an impressive £4,020 for Will Aid, and this year they are aiming to make it their most successful year yet. Lara Hooper, Senior Solicitor at OLS Solicitors, emphasizes how rewarding it is to be part of this initiative.
“Will Aid is an exceptional campaign that offers people the chance to support important causes while taking care of an essential life task,” said Lara. “We’re delighted to volunteer our time and expertise to support such a fantastic campaign.”
The Importance of Will Writing
According to a recent poll conducted by Will Aid, a staggering 59% of UK adults still do not have a will. Not having a will can leave your assets and loved ones in uncertain territory. This November, you can not only get your affairs in order but also give back to the community.
Join Us in Making a Difference
There is still time for other solicitors to join this year’s campaign and for individuals to make a will through Will Aid. For more information, visit www.willaid.org.uk.
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Exploring the Basics of Adoption Laws in England and Wales
OLS Solicitors Blog
Exploring the Basics of Adoption Laws in England and Wales
Exploring the Basics of Adoption Laws in England and Wales
Before considering adoption, it is important to understand who is eligible to adopt. In England and Wales, individuals who are over 21 years of age and have lived in the UK for at least a year are eligible to adopt. Couples can also adopt, regardless of their sexual orientation or marital status. However, it is important to note that the adoption process can be complex and time-consuming.
Adoption in England and Wales is regulated by the Adoption and Children Act 2002. This law sets out the legal framework for the adoption process and outlines the rights and responsibilities of all parties involved. The law recognizes that the welfare of the child is paramount and that adoption should only be considered if it is in the best interests of the child.
Navigating the Legal Requirements and Processes of Adoption
Adoption is a legal process that involves a number of steps. The first step is to apply to the local authority or an adoption agency to be assessed as a prospective adopter. This assessment involves a series of interviews, background checks, and home visits to ensure that the prospective adopter is suitable to become a parent.
Once the assessment is complete, prospective adopters are matched with a child who is in need of a permanent home. This matching process takes into account the needs of both the child and the prospective adopter. If the placement is successful, the prospective adopter will need to apply to the court for an adoption order.
Adoption is a lifelong legal commitment, and it is important to seek legal advice before embarking on the adoption process. A solicitor can provide guidance on the legal requirements of adoption and can help prospective adopters navigate the complex legal system.
Adoption can be a rewarding and life-changing experience for both the child and the adoptive family. However, it is important to understand the legal requirements and processes of adoption in England and Wales. By seeking legal guidance and understanding the basics of adoption law, prospective adopters can make informed decisions and ensure that the best interests of the child are protected.
If you need advice about the adoption process or representation please contact us.
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The Importance of Barristers in Family Law Cases: Why Solicitors Work with Them
OLS Solicitors Blog
The Importance of Barristers in Family Law Cases: Why Solicitors Work with Them
When it comes to family law cases, solicitors often work with barristers to provide their clients with the best possible representation. While solicitors are trained to handle legal matters, barristers have specialised skills and expertise that make them invaluable in these types of cases.
In this blog post, we will explore some of the key reasons why solicitors tend to use barristers in family law cases.
Expertise and Experience
One of the primary reasons why solicitors work with barristers in family law cases is because of their specialised expertise and experience. Barristers have typically undergone extensive training and have years of experience in specific areas of the law, including family law.
They have a deep understanding of the nuances of family law cases, including the legal frameworks and precedents that govern these cases. This expertise allows them to provide valuable insights and advice to solicitors and their clients, and to develop effective legal strategies that can help them achieve the best possible outcome.
Effective Advocacy
Barristers are also skilled advocates who can represent their clients in court. They have honed their advocacy skills through years of experience in courtrooms and have developed an ability to present their clients’ cases in a clear and compelling manner.
This is particularly important in family law cases, where emotions can run high and the stakes are often high. Barristers can help to ensure that their clients’ voices are heard and that their interests are effectively represented in court.
Working in Partnership
Solicitors and barristers also work in partnership to provide the best possible representation for their clients. Solicitors are typically the first point of contact for clients, and they handle much of the preparation and research required for a case.
Barristers then work with solicitors to develop legal strategies and to represent clients in court. This partnership allows solicitors to provide their clients with the benefit of specialised expertise and advocacy skills, while also ensuring that they have a deep understanding of their clients’ cases and the issues at stake.
Faster and More Efficient Legal Proceedings
Working with barristers can also help to speed up the legal proceedings in family law cases. Barristers are often able to provide expert advice and guidance that can help solicitors to make quicker and more informed decisions, reducing the time and resources required for a case.
In addition, barristers are trained to be efficient in their advocacy, presenting arguments and evidence in a concise and effective manner. This can help to reduce the length of court hearings and to resolve cases more quickly.
Reduced Stress for Clients
Family law cases can be incredibly stressful for clients, particularly when they involve issues such as child custody or divorce. Working with barristers can help to reduce this stress by providing clients with expert representation and guidance.
Barristers can help clients to understand their legal options and to develop strategies that are focused on achieving their goals. They can also represent clients in court, helping to reduce the emotional burden of having to do so themselves.
Cost-Effective Solutions
While working with barristers can be expensive, it can also be a cost-effective solution in the long run. Barristers can help solicitors to develop legal strategies that are focused on achieving their clients’ goals, reducing the time and resources required for a case.
In addition, barristers can often provide clients with the benefit of their expertise and experience, helping them to avoid costly mistakes and to achieve the best possible outcome in their case.
Conclusion
In conclusion, there are many reasons why solicitors tend to use barristers in family law cases. Barristers have specialised expertise and experience in family law, and can provide valuable insights and guidance to solicitors and their clients.
They are also skilled advocates who can represent clients in court, helping to ensure that their voices are heard and that their interests are effectively represented. Working with barristers can also help to speed up legal proceedings, reduce stress
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Why Welsh Speakers Should Choose OLS Solicitors with Welsh-Speaking Lawyers
OLS Solicitors Blog
Why Welsh Speakers Should Choose OLS Solicitors with Welsh-Speaking Lawyers
Why Welsh Speakers Should Choose OLS Solicitors with Welsh-Speaking Lawyers
Introduction:
In Wales, where the Welsh language holds significant cultural and historical importance, it’s crucial for Welsh speakers to have access to legal services provided by professionals who understand and can communicate fluently in their native language. OLS Solicitors is proud to offer a team of dedicated Welsh-speaking lawyers who are committed to providing exceptional legal representation. In this blog post, we will explore the reasons why Welsh speakers should choose OLS Solicitors for their legal needs.
Preserving Cultural Heritage of the Welsh language
Language is a vital aspect of preserving cultural heritage, and for Welsh speakers, it forms an integral part of their identity. By choosing OLS Solicitors, Welsh speakers can be confident that their legal matters will be handled with sensitivity and cultural understanding. Our Welsh-speaking lawyers possess a deep appreciation for the Welsh language and its significance, ensuring that clients feel comfortable and respected throughout the legal process.
Clear and Effective Communication in Welsh
Effective communication is the cornerstone of successful legal representation. By opting for OLS Solicitors and their Welsh-speaking lawyers, Welsh speakers can bypass potential language barriers that may arise when working with non-Welsh-speaking professionals. Clear and concise communication ensures that clients fully understand their legal rights, options, and the implications of their decisions. This level of communication significantly contributes to a smoother and more efficient legal journey.
Tailored Legal Advice in Welsh
At OLS Solicitors, our Welsh-speaking lawyers understand the unique needs and challenges faced by Welsh-speaking clients. With an in-depth understanding of Welsh culture, laws, and regulations, they can provide tailored legal advice that is both culturally sensitive and legally sound. This personalized approach ensures that clients receive the best possible representation, specific to their circumstances, while maintaining a strong connection to their Welsh heritage.
Community Connection:
Choosing OLS Solicitors with Welsh-speaking lawyers goes beyond legal representation; it fosters a sense of community connection. Our lawyers actively engage with the Welsh-speaking community and understand the local nuances that can impact legal matters. By selecting OLS Solicitors, clients become part of a supportive network that understands and advocates for their unique needs, helping them navigate legal complexities with confidence.
Conclusion:
For Welsh speakers seeking legal representation, OLS Solicitors with their dedicated team of Welsh-speaking lawyers offer an unparalleled advantage. From preserving cultural heritage to ensuring clear communication, tailored advice, and a strong community connection, OLS Solicitors understands the importance of the Welsh language and its impact on the legal process. Choosing OLS Solicitors means choosing professionals who prioritize cultural sensitivity, effective communication, and personalized legal support for Welsh speakers. Contact us today to benefit from our expertise and commitment to serving the Welsh-speaking community.
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The pitfalls of not sorting out your finances before filing a divorce in England and Wales
OLS Solicitors Blog
The pitfalls of not sorting out your finances before filing a divorce in England and Wales
Going through a divorce can be an incredibly stressful and emotional experience. However, it’s important not to overlook the financial aspects of divorce, especially in England and Wales, where the courts have wide discretion in how to divide marital assets. Failing to sort out your finances before filing for divorce can lead to a range of pitfalls that can have long-lasting financial consequences.
One of the most significant financial pitfalls of not sorting out your finances before divorce is the potential loss of your pension. In England and Wales, pensions are considered a marital asset and can be subject to division upon divorce. However, if the pension is not properly valued or divided, it can result in significant financial loss to one or both parties.
Pension specialists advise that the best way to protect your pension in a divorce is to seek advice from a qualified financial advisor or pension specialist early on in the process. A specialist can help you to understand the options available to you and can guide you through the process of valuing and dividing the pension. Failing to properly value or divide the pension can lead to future financial difficulties.
Another common pitfall of not sorting out finances before filing for divorce is the failure to disclose all assets. In England and Wales, both parties have a legal duty to provide full and frank disclosure of all assets and liabilities. If one party fails to disclose an asset, it can result in the court setting aside the divorce settlement, which can be costly and time-consuming.
It’s essential to seek legal advice and to be transparent about all assets, including investments, savings, property, and inheritances, to ensure that the division of assets is fair and equitable. Failure to disclose all assets can lead to financial losses and can prolong the divorce process.
Another pitfall of not sorting out finances before divorce is the risk of being stuck with a mortgage or other debts. Joint debts, such as mortgages, loans, and credit card debts, can be a significant financial burden, especially if one party is unable to take over the debt or refinance it on their own.
It’s important to seek advice from a financial advisor or mortgage broker to determine how best to handle joint debts in a divorce. In some cases, it may be possible to refinance or transfer the debt to one party. In other cases, the property may need to be sold, and the debt paid off from the proceeds. Failing to address joint debts can lead to financial losses and can prolong the divorce process.
In conclusion, sorting out your finances before filing for divorce is essential to avoid financial pitfalls that can have long-lasting consequences. Seeking advice from qualified professionals, including financial advisors, pension specialists, and legal experts, can help to ensure that the division of assets is fair and equitable and can protect your financial future. With the right guidance, it’s possible to navigate the financial aspects of divorce successfully.
References:
“Divorce and Pensions: What You Need to Know” by Andrew Pennie, Forbes Advisor, July 22, 2021
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OLS Solicitors Expands to Llanelli, Wales to Better Serve the Local Community
OLS Solicitors Blog
OLS Solicitors Expands to Llanelli, Wales to Better Serve the Local Community
Llanelli, Wales – OLS Solicitors, a leading law firm based in South Wales, has opened a new office in Llanelli to better serve the needs of the local community. The new office is located on Murray Street, and the team is excited to become a part of the vibrant Llanelli community.
“We’re thrilled to be expanding our presence in South Wales and opening our doors in Llanelli,” said a spokesperson for OLS Solicitors. “We’re committed to providing high-quality legal services and building strong relationships with our clients. We believe that by being a part of the local community, we can better understand the unique needs and challenges that people in Llanelli face when it comes to legal issues.”
OLS Solicitors is a family law firm that provides a wide range of legal services, including family law, wills and probate,and more. The team is made up of experienced and dedicated solicitors who are committed to providing their clients with the best possible service and advice.
“We understand that legal issues can be overwhelming and stressful, which is why we’re here to help,” said the spokesperson. “Our goal is to make the legal process as smooth and stress-free as possible for our clients. We pride ourselves on our ability to provide personalised and tailored legal advice to meet the specific needs of each individual client.”
OLS Solicitors is excited to become a part of the Llanelli community and is looking forward to building strong relationships with local residents and businesses. The team is committed to giving back to the community and is actively seeking opportunities to support local charities and community groups.
“We’re proud to be a part of such a vibrant and welcoming community,” said the spokesperson. “We’re committed to giving back and supporting the people of Llanelli in any way we can. We look forward to getting to know our clients and becoming a trusted partner for all their legal needs.”