Power of Attorney

Power of Attorney

A Power of Attorney allows someone to make decisions on your behalf, should there come a time when can’t do so yourself due to mental incapacity.

This sort of Power of Attorney is referred to as a Lasting Power of Attorney and usually cover:

Property and financial affairs — which gives the attorney the authority to make decisions about your financial affairs. They can do this even while you have mental capacity.

Health and welfare — which gives the attorney the authority to make decisions about your personal welfare and healthcare.

A power of Attorney can be set up if you need someone to act for you, for a temporary period — for example, while you are on holiday or in hospital, or physically impaired — or if you want to supervise their actions.

The Power of Attorney can be general allowing someone to deal with all of your affairs on your behalf or be specific, allowing someone to carry out only certain tasks on your behalf.

Lasting Powers of Attorney and Court of Protection

A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint someone to make decisions on your behalf, should you no longer have the mental capacity to make your own decisions.

Just as a Will details your wishes of what is to happen after you have passed away, a Lasting Power of Attorney details what you want to happen if you are incapacitated.

The Lasting Power of Attorney, formerly known as an Enduring Power of Attorney, must be prepared well in advance, when you are of sound mind, and must be registered with the Office of the Public Guardian.

A Lasting Power of Attorney does the following things:

  • Appoints the person you want to act on your behalf in the event you lose mental capacity due to illness, accident, stroke or dementia
  • Prevents the state taking control of your affairs
  • Saves your loved ones from the delays, stress and expense of applying to the Court of Protection at a later date
  • Gives you peace of mind that your future affairs are in safe hands

Where there is no Lasting Power of Attorney, and someone you are concerned about lacks capacity to manage their financial affairs and requires the ongoing assistance of a professional deputy, we can provide the support you require and assist you in making the relevant applications to the Court of Protection.

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