solicitors

Power of Attorney

REASSURANCE FOR ONE OF LIFE’S MOST DIFFICULT CHOICES.

If you need to make a Lasting Power of Attorney, our team will sensitively guide you through the process.

A Lasting Power of Attorney is a legal document where you appoint someone you trust to support you with decision making or to make decisions on your behalf if you are no longer able to do so. There are a number of reasons why you may need the help of an attorney it could be a temporary situation, for example you may have to spend time in hospital and need help with your day to day management such as paying bills. It may be longer term, for example if you have been diagnosed with an illness such as dementia and you may lose the capacity to make your own decisions in the future.

One of the benefits of having a Lasting Power of Attorney in place is the reassurance of knowing that in the future, if you are no longer able to make decisions for yourself, you have appointed someone that you know and trust to make those decisions for you. When an individual no longer has the capacity to make certain decisions and does not have a Lasting Power of Attorney in place it would be necessary to make an application to the court of protection to apply for a deputyship order.  The court would appoint a Deputy to manage your financial affairs on your behalf. The Deputyship process is more expensive and time consuming causing unnecessary distress at what could already be a difficult time for your family and friends.

You should not assume that in either case if you are married or in a civil partnership that your spouse will automatically be able to deal with your bank account and pensions and make decisions about your health if you lose the ability to do so as this is not the case. Without a Lasting Power of Attorney they do not have the legal authority to do so.

Lasting Power of Attorney types:

Lasting Power of Attorney for financial decisions
The Lasting Power of Attorney for financial decisions can still be used whilst you have mental capacity and you are able to give instructions to your attorneys to assist and support you with management of your affairs. If you lose mental capacity then your attorneys will continue to manage your finances always acting in your best interests. A Lasting Power of Attorney for finances includes things such as buying and selling property, investing money, paying bills and the general management of your affairs as you would have done so yourself.

Lasting Power of Attorney for health and care
This type of Lasting Power of Attorney differs from the financial version as it can only be used once you have lost capacity to make decisions relating to your health and care yourself. You will have appointed an attorney who you trust and who would know your wishes to be involved in best interest meetings and assist with decisions you are unable to such as where you should live, medical care, who you should have contact with and what kind of social activities you should take part in. You are also able to give permission for your attorneys to make decisions about life sustaining treatment.

The advantages of having Lasting Powers of Attorney for both financial decisions and health and care decisions safeguards your future and gives you peace of mind knowing that somebody of your choice will be making decisions on your behalf if you are no longer able to.

General Power of Attorney
Under a General Power of Attorney you appoint an attorney to manage your financial affairs. It can only be used whilst you have mental capacity. This document is useful if you are going away on holiday or will be going into hospital for a long time. If you lose mental capacity then the document is no longer valid.

Next steps

If you are unsure about the type you require or if you need assistance on making a power of attorney please get in touch. You can speak to us on 0800 533 5349 or reach us on email at enquiries@mogersdrewett.com

Meet the team

Kate Norris
Kate Norris
Qualified Paralegal
Gemma Norris
Gemma Norris
Qualified Paralegal
Kat King
Kat King
Graduate Legal Executive

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