Powers of Attorney

Are you considering making arrangements to look after your own or a loved ones day to day affairs on a temporary or longer term basis?

The legal right to appoint a member of your family or a friend to manage your financial affairs is known as a Power of Attorney.

Since 2007 under the Mental Capacity Act the only way your family can deal with your affairs should you have lost your mental or physical capacity to make such decisions yourself is through a Lasting Power of Attorney.

How a Lasting Power of Attorney can help you?

A Lasting Power of Attorney allows you to choose whoever you trust to help manage your affairs when you are unable to do so either on a temporary or long term basis. There are two types of Lasting Power of Attorney which you can make:

• Lasting Power of Attorney – Property and financial affairs – allows your Attorney to make decisions regarding your finances including the management of your bank accounts, payment of bills, submission of Tax Returns, and investment decisions including the buying and selling of property.


• Lasting Power of Attorney – Health and Welfare – allows your Attorney to make decisions regarding your personal welfare. For example your Attorney can decide what medical treatment and / or care you should receive. Most importantly your Attorney can provide consent to whether you receive or decline life sustaining medical treatment. This type of Lasting Power of Attorney can only be used by your Attorneys if you have lost your mental capacity to make these decisions yourself.

A Lasting Power of Attorney allows you to provide guidance to your Attorneys and also place restrictions on what decisions they can make on your behalf. You can appoint more than one Attorney to act for you and direct whether they should act jointly or independently on decisions. You may also appoint replacement attorneys to take the place of your original attorneys should the need arise.

A Lasting Power of Attorney must first be registered with the Office of the Public Guardian before it can be used by your Attorneys, offering you a safe way of maintaining control of your decisions. Our Solicitors are experienced in preparing and registering Lasting Powers of Attorney and can advise you on how to complete the necessary forms and documents to fully reflect your express wishes.

Since the advent of Lasting Powers Attorneys in 2007, you can no longer make Enduring Powers of Attorney. However if you have already made an Enduring Power of Attorney prior to 2007 this document will still have legal affect provided it is registered at the Office of the Public Guardian. We can provide you with advice regarding the validity of your Enduring Power of Attorney and guidance on the registration process.

Deputyship

If a family member or friend has already lost their mental capacity and does not have a Power of Attorney in place you will have to apply to the Court to be appointed as a Deputy for that person. The process of applying for Deputyship is a complex and lengthy matter. The Court has discretion as to who can be appointed as a Deputy however, once appointed as Deputy you can begin to make financial decisions on behalf of the incapable person.

We can advise and support you on all aspects of the Deputyship process and in dealing with the Courts.

Click here for more information or to contact us for a free, no obligation quote.