Powers of Attorney
We can provide advice and complete Powers of Attorney and Lasting Powers of Attorney for you, a friend or family members.
Powers of Attorney enable a person (donor) to give authority to someone else (the attorney) to act on his or her behalf and to manage his or her affairs. A Lasting Power of Attorney is a special Power of Attorney that continues to be effective after the donor has lost mental capacity. Lasting Powers of Attorney give one or more persons (your Attorneys) legal power to handle your property and financial affairs or power to make health and welfare decisions if you become unable to make such decisions for yourself.
There are two types of Lasting Power of Attorney. Lasting Powers of Attorney for property and financial affairs, which deal with all aspects of your finances and Lasting Powers of Attorney for health and welfare, which deal with personal decisions about you and your medical treatment.
Lasting Powers of Attorney for property and financial affairs are very useful if a person is physically unable to manage their financial affairs and is essential if a person becomes mentally incapable of managing their property and financial affairs. People often assume that if a person loses mental capacity their spouse/partner or family members will automatically have the ability to continue to deal with their financial affairs. This is not the case. If a person loses mental capacity and they have not previously completed a Lasting Power of Attorney for property and affairs (or Enduring Power of Attorney if made before 2007), then no one has legal authority or ability to handle the finances without obtaining a Deputyship Order from The Court of Protection. Deputyship proceedings are very costly and slow, but without any Order, no one can lawfully access your funds, for example, to pay residential care home fees.
It is also important that when a person completes a Lasting Power of Attorney that they do this whilst having the capacity to fully understand the contents of the document, otherwise it will be too late to complete one and the only option then is for a member of your family or a friend to apply for a Deputyship Order from The Court of Protection.
By completing a Lasting Power of Attorney you are able to choose whom you wish to deal with your property and affairs and/or health and welfare. If a Deputyship application has to be made, then it can be any member of your family or any friend who can apply and perhaps someone who you would not want to deal with such matters for you.
If you have any queries or would like any advice regarding Powers of Attorney, or Lasting Powers of Attorney, then please do not hesitate to contact us.
If you have any questions or need any advice please do not hesitate to contact us on our 24 hour Advice Line 0800 526368 or email email@example.com
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OHP is a trading name of OH PARSONS LLP, a limited liability partnership registered in England and Wales with Registered Number oc385704. OH PARSONS LLP is authorised and regulated by the Solicitors Regulation Authority | 606560. VAT Number: 239 026 763. Any reference to a partner in relation to OH PARSONS LLP is to a member of OH PARSONS LLP.