Powers of Attorney
Lasting Power of Attorney
We understand that you don’t want to think about you or your loved ones becoming less capable. In the modern world it is sadly a fact that powers of attorney are becoming more and more necessary and are just as important as ensuring your Will is in order. Having a Power of Attorney in place means that should you lose capacity, there is a legally appointed person who can act on your behalf.
You can set up two types of Lasting Powers of Attorney:
A Financial Lasting Power of Attorney deals with the management of your money and other assets. An attorney would be able to carry out a number of useful functions including paying bills, buying and selling property and dealing with assets and investments.
Health and Welfare
A Health and Welfare Power of Attorney allows your attorney to make decisions about your care and can only be used when you lose capacity. It covers decisions such as medical procedures, where you live, who you see and, if you wish, decisions about life sustaining treatment.
It is very important that you put in place Lasting Powers of Attorney and it can cause major difficulties for you and your family if you do not. Lasting Powers of Attorney allow you to choose your attorney(s) and the control is with you. If you lose capacity without having a Lasting Power of Attorney the only option would be an application to be made to the Court of Protection which can be protracted and costly and result in people acting for you who you may not have chosen.
You will be guided through the entire process by one of our experienced professionals who can tailor the advice and documentation to your specific circumstances. All of our staff have been trained as Dementia Friends, please do contact us to arrange a meeting or initial chat.
Enduring Power of Attorney
Enduring Powers of Attorney are the old versions of Lasting Powers of Attorney and whilst it’s not possible to make a new one, existing ones can still be valid.
Loss of Capacity
If someone who is losing or has lost mental capacity named you as their attorney then you are under an obligation to register the Enduring Power of Attorney. We can assist you with this process including notifying the Public Guardian.
Advice for Attorneys
You may need general guidance or ADVICE about a specific issue, such as a property sale. We can help you in all situations to ensure that you are following the law whilst always taking the best care of the person who made you their attorney.
Lasting Powers of Attorney
An Enduring Powers of Attorney covers the same financial decisions as a Lasting Power of Attorney. It does not cover health and welfare decisions. If you only have an Enduring Power of Attorney you may want to have a conversation with us about whether you should also put in place a Lasting Power of Attorney for those decisions.
You may have put your Enduring Power of Attorney in place a long time ago and are no longer happy with it. We can help you set up your affairs in the way that best suits you now.
We have experience of helping people with capacity issues and many of our committed staff are registered Dementia Friends. Our approach is to be kind, understanding and listen to you. It can be as simple as that.