Powers of Attorney
Powers of Attorney are a legal way of allowing someone else to manage your affairs when you are not able to do so.
A Power of Attorney is a means by which one person can legally authorise another to act for them at a time or in a place where they might not otherwise be able to act for themselves. This might be for a short term (e.g. during a holiday or for the duration of a stay in hospital), when a General Power might be appropriate.
It might be made specifically to operate a Trust when a Trustee Power would be required, or made in advance (perhaps before going into a nursing home) when the intention would be that the Power should last indefinitely even if the donor were to loose the mental capacity to manage their own affairs, in such circumstances a Lasting Power might be appropriate.
There are two different types of Lasting Powers, a property and affairs Lasting Power, which authorises another person to be responsible for your finances (access your bank account, sell your house etc) and a health and personal welfare one which covers your living arrangements, care needs, medical treatment etc. By using two different Lasting Powers you are able to nominate different people to carry out different tasks, one could be responsible for your finances another for your welfare. A Lasting Power of Attorney must be registered with the Office of the Public Guardian before it can be used. The donor of the power can register it whilst they have capacity or the Attorney may do so at any time.
The forms to apply for each of the Lasting Powers are lengthy and complex. We have specialist knowledge and experience and are ready to help you set up your Power of Attorney.
If you have not made provision for the appointment of an Attorney to look after your affairs then, in the event that you did become mentally incapable it would be necessary to make application to the Court of Protection for the appointment of a "Deputy" to manage your affairs. We have considerable experience of such Court of Protection work and would be pleased to help you if this becomes necessary. However we always recommend our clients to make a Lasting Power of Attorney whenever possible so that decisions can be made early and in line with the donor's wishes.