Lasting Powers of Attorney
We are specialists in dealing with Lasting Powers of Attorney which are legal documents where a person gives another person or persons (the Attorneys) power to sign and conduct legal formalities and make other decisions on their behalf.
There are two types of Lasting Powers of Attorney:-
Property & Affairs Lasting Power of Attorney which allows your Attorney to have authority to deal with property and finances as you direct; and
Personal Welfare Lasting Power of Attorney which allows your Attorney to make welfare and healthcare decisions on your behalf when you no longer have the mental capacity to do so yourself. If you wish this could include giving or refusing consent to life sustaining treatment in certain circumstances.
A Lasting Power of Attorney is an important document and you should take great care in choosing your Attorneys. They should be trustworthy and have applicable skills to make the decisions that you are entrusting to them. You can appoint more than one Attorney to act together or separately. There are formalities to the completion of a Lasting Power of Attorney and it must be signed by you and your Attorney and witnessed. In addition someone else must certify that you understand the nature and scope of the Lasting Power of Attorney and have not been unduly pressured in to making the power.
The Lasting Power of Attorney must then be registered with the Office of Public Guardian before it can be used. A Financial Lasting Power of Attorney can be used before you lose the mental ability to deal with your own finances but also if you later lack the capacity to make financial decisions yourself.
A Personal Welfare Lasting Power of Attorney can only be used if you lack mental capacity to make welfare or medical decisions. Existing Enduring Powers of Attorney made before 1 October 2007 will continue to be valid but only apply to your property and affairs. If you wish someone to have authority over your health or welfare you will need to make a Welfare Lasting Power of Attorney.
We offer fixed fees for dealing with Lasting Powers of Attorney, with local home or hospital visits free of charge in cases of infirmity.
If a person lacks the mental capacity to enter into a Lasting Power of Attorney then the alternative is a Deputyship order known until recently as a Court of Protection Receivership order for the court to decide who should be their receiver and deal with their affairs under the guidance of the court, which could involve the person’s assets being paid into court. We are also experienced in dealing with these applications.
Both Louise Tomlinson and Lavinia McDonald-Jones are Solicitors with a keen interest in this area of Law.