Wills & Private Client

Business Lasting Power of Attorney

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Business Lasting Power of Attorney

If you own a business and lose mental capacity – perhaps because of a serious accident or physical or mental illness then in the absence of a Lasting Power of Attorney no one in the first instance will be able to make decisions concerning your business. Think how quickly your business could be damaged or even lost in this situation. The bank might freeze business accounts or the business may not be able to survive a crisis. Ultimately, the Court of Protection can intervene to appoint a Deputy to manage the business – but this appointment can easily take months and you may not be happy with the choice of Deputy appointed.

The solution is to create two Lasting Powers of Attorney. The first to manage your personal financial affairs, and a second business Lasting Power of Attorney to appoint a suitable individual (perhaps a senior manager) to manage business interests.

If a businessman is a sole trader or partner in an unincorporated business the business is not a separate entity to the individual. In cases of Directors of a limited company, the company has its own constitution and it may be sensible to amend this to make it clear that a Director may appoint a “proxy” in the form of his Attorney. We can advise you about this.

The Attorney’s job is to make business decisions (for example authorising bank lending and withdrawing from unprofitable areas of business) not the day to day matter of dealing with specific customer requirements.

A business Lasting Power of Attorney may be unconditional or it may contain restrictions, for example limiting discretion to acquire or dispose of assets, hiring or dismissing employees or winding up the business.

In deciding who to appoint as your business attorney you should consider:-

  • ‍Their experience and knowledge or your field of business
  • Their degree of business acumen and administrative abilities
  • Understanding of the legal responsibilities involved in becoming an attorney
  • Their knowledge and understanding of your wishes
  • Whether they have the available time and commitment

Employment Law- Fixed Fees

INITIAL FREE HALF HOUR APPOINTMENT

This includes:- Attending you for a preliminary appointment to see whether you have a case or can defend a case. Please note that this is for 30 minutes only and does not include advice in writing.


We are able to offer fixed fees to both claimants and respondents in relation to Employment Tribunal claims. Please contact us for specialist advice and further details.

Preliminary Advice

This includes:

Taking instructions (up to 1.5 hours)

Detailed advice letter

 

Fee £250

VAT @20%

TOTAL £300

Employment Tribunal Proceedings

Advising employee on an Acas Early Conciliation Notification (now an essential first step before lodging an employment claim)

 

Fee £200

VAT @20%

TOTAL £240

  

Preparation of a Claim Form ET1 on behalf of an employee

 

Fee £400

VAT @20%

TOTAL £480

  

Preparation of a Claimant's Schedule of Loss

 

Fee £200

VAT @20%

TOTAL £240

 

 Preparation of a Claimant's List of Documents

 

Fee £400

VAT @20%

TOTAL £480

 

Advising an employee in relation to a flexible working request

 

Fee £400

VAT @20%

TOTAL £480

 

 Preparation of contracts of employment and statutory terms and conditions

 

Fee £250 - £400

VAT @20%

TOTAL £300 - £480

  

Preparation of standard disciplinary and grievance procedures

 

Fee £400

VAT @20%

TOTAL £480

 

Drafting and preparation of Respondent’s Response ET3

 

Fee £400

VAT @20%

TOTAL £480

Preparation of Witness Statements

Fee £200 - £400

VAT @20%

TOTAL £240 - £480

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Eastbourne Office

11 Hyde Gardens
Eastbourne
East Sussex 
BN21 4PP
Tel: 01323 720142
DX: 6902 Eastbourne

Lewes Office

Sackville House
Brooks Close
Lewes
BN7 2FZ
Tel: 01273 480234
DX: 3103 Lewes 1
(by appointment only)

Peacehaven Office

10a Horsham Avenue
Peacehaven
East Sussex
BN10 8LL

 Tel: 01273 582680