Video Powers of Attorney

Our legal research and client services development team have devised a novel procedure that enables you to appoint a General Power of Attorney to enable someone you trust to manage your financial affairs on your behalf.

This service was developed in response to the need to provide this service during this pandemic without risking the increasingly restrictive enhanced hygiene and health protection regimes.

Video capacity assessments

We are in the process of devising a procedure for expert clinical psychological assessments under the Mental Capacity Act 2005.  This will not be appropriate for every client needing this service but we anticipate that will be beneficial in approximately 50% of cases.

What is a General Power of Attorney

An ordinary power of attorney or general power of attorney confers on a trusted friend or relative (your attorney) the power to deal with financial affairs. It can be as wide reaching or as limited as you wish. Ordinary powers of attorney are governed by the Powers of Attorney Act 1971.

A General Power of Attorney gives your attorney power to do anything in your best interests that you could lawfully do.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables an individual (or donor) to appoint one or more persons (known as attorneys or donees) to make decisions on your behalf.

There are two types of LPA:

  • A Property and Financial Affairs LPA
  • A Health and Welfare LPA. 

It is entirely up to you whether you have one or both and we have the expertise and experience to advise you appropriately.

The formalities for completing an LPA are more stringent.  The Office of the Public Guardian asserts that such an LPA must be signed in the physical presence of a witness. Although our independent research reveals that there is no absolutely foundation for this assertion, we are not presently offering video witnessing services in this context, unless we are satisfied that there is a special need.

Daring to differ

Broomhead & Saul were the first firm in the country to execute a Distance Will for a self-isolating client on 1 May 2020 in defiance of the near uniform disapproval of the legal profession who erroneously insisted on the need for a witness to be physically present; COVID-19 notwithstanding.  Our extensively published and detailed research exposed this misconception for what it was.

Our lone stand has since been validated through emergency legislation that expressly approves this practice with retrospective effect.  This legislation, the  Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, was brought about by our highly successful snap law reform campaign in June 2020.

Our meticulous analysis of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 and the relevant case law establishes that Video witnessed LPA’s are an entirely valid and proportionate response to the Coronavirus pandemic.  Unfortunately, the Office of the Public Guardian who are responsible for registering LPA, insists on the physical presence of witnesses.  At the time of writing, we are not aware of any law other firm that his tested or challenged the Public Guardian’s misconceived guidance.  We are ready to do this, should the need arise. .

To make an appointment to discuss your needs, please contact:

Taunton Office: 01823 288121

Contact: Dr Nicholas Bevan

or email nicholas.bevan@broomhead-saul.co.uk