Power of Attorney

Looking for help with power of attorney?

A power of attorney is a document that allows a person to delegate decision making to a person or persons chosen by them. Should such a need arise our barristers are adept at drafting ordinary powers of attorney regarding your property and financial affairs. In circumstances where the client lacks mental capacity, then a Lasting Power of Attorney (“LPA”) dealing with Property and Financial Affairs and/or Personal Health and Welfare may be more appropriate.

A Property and Finance LPA allows an appointed attorney to make financial decisions, including management of a person’s property, bills and pension, whilst a Health and Welfare LPA allows an appointed attorney to make choices about medical care and care arrangements. It is also common for couples or relatives to create Mirror LPAs’, where two parties appoint each other for their LPA.

If, however capacity to make decisions has been lost before a Power of Attorney has been granted, then an application to the Court of Protection for a Deputy to be appointed, who can take appropriate decisions instead would become necessary. Our barristers are capable of advising on the submission necessary for a successful application to the Court of Protection.

Our members at Mercantile Barristers are Public Access Trained and are happy to be consulted by and accept instructions directly from professionals and discerning private clients at any time (for direct access barristers). To book a consultation with one of our Direct Access Barristers in London please call us and speak to our clerks who will find the best-placed barrister for you.


Historically, barristers in England & Wales could only accept instructions from solicitors and could not be consulted directly by members of the public. Barristers were considered to be too expert and too specialist to deal directly with lay clients.

It was left to a solicitor to first determine whether the legal problem that has arisen required the involvement of the expert barrister. If so, it was only the solicitor that could instruct the expert barrister on behalf of the lay client. Using a medical analogy, it is akin to having to see your GP before being referred to the Specialist Consultant.


In this traditional mode of operation the lay client continues to pay for his solicitor while also paying for his expert barrister. While this has always been the case, it is unnecessary in certain modern circumstances and inevitably commercial pressures and modernity has brought a change. Professionals such as company directors, agents, architects, surveyors, construction engineers and other specialist consultants may not require hand-holding by a solicitor in order to consult the expert barrister about their case.


A change in the law in 2004 allowed barristers, who have undertaken additional training, to advise clients without the need for a solicitor and listed below are some of the reasons why it is advantageous to instruct a direct access barrister.



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