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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.
What is a Lasting Power of Attorney?
It is a legal document where you (the Donor) appoint someone (your Attorney), you know and 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.
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 email@example.com
Frequently asked questions
Everyday we make decisions about our finances, health and day to day living. Mental capacity is decision specific, it is legally defined by the Mental Capacity Act (MCA) 2005, the law that protects you if you “lack mental capacity”. This might be on a temporary or permeant basis. Under Section 2 of the MCA you may lack mental capacity if you are unable to;
(a) understand the information relevant to the decision,
(b) retain that information,
(c) use or weigh that information as part of the process of making the decision, or
(d) communicate the decision (whether by talking, using sign language or any other means)
Assessing mental capacity can be very complex, you may have the capacity to make and understand decisions about your day to day living e.g. what to eat and what to wear. However, you might lack capacity in relation to more complex decisions such as finances and where to live, which may require the involvement of a suitable professional e.g. GP, social worker, solicitor.
No. It’s never too early to make arrangements. Anyone, at anytime, regardless of age, can become physically or mentally incapable as a result of an illness or accident. So if you’re aged over 18 and have the mental ability to make financial, property and medical decisions for yourself, making a Power of Attorney sooner rather than later, allows you to take control of your future.
Since October 2007 it has not been possible for a person to create an EPA. However, EPAs prepared pre October 2007 are still valid. It is important to note an EPA allows an Attorney to act in connection with property and financial decisions only and does not extend to health and welfare decisions. Therefore, you may wish to consider completing an LPA in relation to your health and welfare. If an Attorney has reason to believe that the Donor of an EPA is becoming mentally incapable of managing his or her own affairs, the Attorney needs to register the EPA with the Office of The Public Guardian.
A Will and a Lasting Power of Attorney are separate documents. A Will only takes effect after death. A Power of Attorney relates to a person’s lifetime affairs and the document ceases after death.
If an Attorney has not been appointed and you are unable to make your own decisions, the only course of action is for an application to be made to the Court of Protection to appoint a Deputy. This is considerably more expensive, time consuming and complicated. The Court of Protection decides who should be appointed as your Deputy.
We assist clients of all ages with preparing a LPA that will work for them and their individual circumstances. Allowing the client to take control of their future and appoint someone they know and trust to make decisions about their finances and/or health, in the event they are no longer able to do so.
We can provide advice and guidance about who to appoint as your Attorney and the preferences and instructions you may wish to include within the LPA document. The LPA could be invalid or the validity of the document challenged, if certain procedures have not been followed correctly.
Do you have any other questions? Please do get in touch with us on 0800 533 5349 or email at firstname.lastname@example.org
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As we have discussed many times recently the market is very limited and it takes considerable effort and tenacity to see these deals through on behalf of our clients. We are very grateful to you and your team.Manager Bath Estate Agency
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I just wanted to say a big thank you for your help over the past twelve months. It’s been a very difficult time and a huge relief to be able to finally put this behind me & start a fresh.Family Client
You were recommended to me by a friend. From the first interaction with you, I was put at ease. You seemed to have an intuitive sense of my wishes with regard to the case. The correspondence was always prompt and clear. I am so glad I found you!Family Client
We needed quick action over the Christmas period, and you performed impeccably. Your staff are friendly, competent and above all quick to communicate over email so that no time was wasted. We'd have no hesitation in using you again.Bill & Joanna
Tom Chiffers, Gemma Harwood and Matthew Dunford between them have assisted me with the resulting winding up of estates and probate process, the sale of two properties and purchase of another, and finally the making of my own will.In short I have been so impressed with the efficiency, professionalism and attention to legal detail demonstrated by Tom, Gemma and Matthew.They have made a very difficult and stressful process much much easier and are great representatives for your firm.Rachel Hughes-Goodchild
The service we received was fantastic. You kept us informed throughout and provided advice when needed, which was particularly helpful. Emily has even recommended you to a colleague of hers.Matt & Emily
You have a broad portfolio of legal expertise which is all available under one roof, and we felt confident in your ability to represent our interests in a very ‘easy to use’, professional, pro-active and flexible manner. Framptons Transport Services have no hesitation in recommending you.Paul Frampton Framptons Transport Services
You really did make a very big difference to each of us and helped with the process in a professional but understanding/caring way.Family Client
Over the past year I have had cause to use the services of Mogers Drewett in respect of the death of both of my parents.Whilst my Father's death was anticipated, my Mother's was very unexpected. Tom Chiffers visited her in hospital to reassure her that her affairs were all in order and I know that she felt great faith in him.I send sincere gratitude for the excellent representation and will have no hesitation in recommending Mogers Drewett to others.Rachel Hughes-Goodchild
Mogers have greatly assisted with the development and progression of our business. Their knowledge and experience have assisted greatly not only from our business perspective, but from our client's with regard to the delivery speed and cost of our product offerings. The personnel, both within the commercial and property departments have always worked with the up-most efficiency, providing quick and accurate responses whilst always taking into account our commercial position. A pleasure to work with.Global asset management company
May I take this opportunity to thank you, Andrea for your thorough and helpful service – for which my wife and I are very gratefulResidential Client
Thank you for all your help with the conveyancing. It was a very stress free process and we are very grateful for your time and effort in helping us purchase our new family home.Annie & Julian
Peter, Guy and I would like to say how grateful we are for all you have done with our selling and buying. We will recommend you to anyone we hear is buying or selling a house as we know no stone will be left unturned.Residential Client
Many thanks for your invitation to drinks and canapés at Sherborne Castle. It was a lovely evening and good to meet members of staff from your various branches and in future to be able to put a face to a name. Thank you againMr & Mrs Berryman
My wife and I thoroughly enjoyed the Mogers Drewett drinks party on Wednesday evening . You attracted a good mix of professionals and loyal clients proving that the amalgamation will receive strong support from the indigenous regional population. Thank you for inviting us and I will look forward to more business with your firmMark
I found your advice very informative and extremely helpful. You are the first solicitor I have spoken with who really understood my situation from all angles re property in joint and sole names and the company position. Thank youFamily Client
The last ten months, as for anyone who has been through a bereavement, has not been easy and has been an eye opener as to how much we collect, and the paperwork we keep, just in case we should need it, sometimes when the account or case is closed.But, I think I can speak for both of us, when I say it was so much easier having both Gemma & Matt along giving help, advice and support when it was most needed.We did appreciate the very quick response you gave with emails and letters etc, and the professional and prompt manner in which you dealt with our business.We will of course, not hesitate to recommend Mogers Drewett to others.Private Client
It has been a difficult 18 months, with my father falling ill and subsequent death in December. Selling my parent’s home and dealing with my father’s estate was not easy and at times very emotive. You have made it easy and straightforward and I really appreciate all you have done. I shall certainly recommend your firm to friends in SomersetMiss S L Jones, Winchester, Hampshire
I'd would like to take this opportunity to thank you Matt for his work during our house purchase. We were somewhat in the dark as to how a lot of this worked and you did a really great job of keeping us up to speed! We can't wait to finally get the keys and be in on Monday. Certainly if any of our friends require similar conveyance services in the future we'll be sure to recommend you and Mogers Drewett.Residential Property Client
Thank you very much for you and your team's excellent work and professionalism, in handling and progressing the sale, which has all gone very smoothly. It is much appreciated and I am very pleased that I have received really excellent service from Mogers Drewett from Margaret, Megan and also previously from Zena and Corinna in the other matters of Power of Attorney and Deputyship. This is obviously why my parents used your services when they were able to deal with their own affairs.Mr & Mrs Bryne
I would like to thank you for your assistance during my recent house purchase. Margaret made the whole transaction easy to follow and stress free, I will be singing your praises to my friends and colleagues.Mr Clive Handford
I just wanted to say a huge thank you for your help and advice yesterday. I know it's your profession but I feel pretty confident having you on my team .John Kennedy Oyster Property Limited
Now I am safely inside the new house I would like to thank you for your exemplary handling of the conveyancing for the purchase of Pinkwood. I will have no hesitation in recommending you wholeheartedly to anyone looking for such a service in future. As discussed a few weeks ago, I will likely be in touch in the next few months when my partner looks to buy into the house so that we can get her name on the deeds.Residential Client
Just a note of thanks - we really appreciated your calm clear head and tremendous patience and forbearance. We are sorry it has been unnecessarily fraught at time, but we have admired your persistence and quick thinking. You have shown yourself to be very good at what you do, and we see it and are very grateful for it.Agriculture Client
I just wanted to say a HUGE thank you for all your help with our move. You were absolutely fantastic at dealing with all the many, many problems and delays!Residential Client
Just a brief, belated, note to say thank you for all your help in sorting out the administration of my late Mother's estate. It is a great relief to know this matter is now settled and without your efficient handling of the matter I'm sure would have taken many months more.Private Client
On behalf of my family I would like to thank you for the tremendous work you did in securing Probate so rapidly. It was certainly a close run thing as we exchanged yesterday and today was the final day before the buyer would have had to inform his mortgage providers that there may be a delay so a huge sigh of relief by all.Private Client
Thank you so much for letting me know and thank you so much for all your help with this purchase. You were amazing and brilliant at dealing with everyone.Residential Client
Thank you so much for all your work regarding Vale View, it is greatly appreciated. It has not been the best of years and you have really helped make it so much easier than it could have been and for that I am very grateful.Residential Client
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Thank you so much for your work on getting our house done.Your knowledge, professionalism, sanity and humour have been greatly appreciated in some pretty stressful and trying conditionsTHANK YOU!Residential Client
My thanks to pam and Rory for your prompt and efficient handling of my mother's estate.Private Client
Thank you so much for the extremely prompt transfer! First Direct were impressed as well!Private Client
May I take the opportunity to thank you for your services, which were superb, I thought your response times were brilliant and I would take pleasure in recommending you and your Firm to anyone. Best wishesResidential Client
If you want a specialist solicitor in this area, that's Jonathan. He's a very decent chap and a long-standing agriculture specialist. He's very good.Agricultural Client
Sean has great breadth of knowledge.Employment Client
Rebecca Silcock is one of the most meticulous and detailed family lawyers that I ever deal with.Family Client
Maeve is absolutely fantastic - she's grounded and you can trust your case is in good hands, she always knows the facts.Dispute Resolution Client
David has very good interpersonal skills and puts lay clients at ease.Private Client
Thank you for the extra mile that you and your colleagues went and the patience shown. I know there was the odd bump in the road but it has all ended well and we all hugely appreciate the work you put in to get this over the line.Residential Client
Victoria was absolutely fantastic! From day one she made every effort to understand my needs and strived to achieve the best possible outcome for me and my son. She listened and gave excellent advice in any matter; nothing was too small or too much for her.Family
Her quick responses and communication via email were reassuring and allowed me to focus on my divorce in my own time without it interfering with my job. I hope I never have to recommend a solicitor for divorce to anyone, but if I did I wouldn't hesitate in putting Victoria's name forward.Family
I just wanted to drop a note to say how impressed we are with Kate Norris, and everything Kate is doing for my father’s elderly cousin. Her affairs are particularly complicated as - until she was widowed three years ago - she lived much of her life in America. There is the further complication that she is currently in Bridgemead after a fall last summer, though hoping to be home soon. Through all this Kate has been such a support - wading through the complicated transatlantic paper work, ironing out all the snags, rationalising her affairs, being a regular visitor, and all in all being a great comfort to her. Bravo Mogers! Kate is a true gem.Private Client