Powers Of Attorney 

If you are concerned about losing the ability to manage your finances or who will make decisions about your welfare in later life, you may want to consider making a Lasting Power of Attorney.

A Lasting Power of Attorney is a legal document that allows you to plan what should happen to you if you become unable to make decisions for yourself in the future.

Our expert team of lawyers has years of experience in Lasting Powers of Attorney and can help you to make a plan that ensures your wishes are adhered to later in life.

Why Make A Lasting Power of Attorney?

Making a Lasting Power of Attorney means you can decide what should happen to your money, property and affairs either now or in the event of loss of mental capacity through old age, illness or injury.

Without a Lasting Power of Attorney, your family and friends may find it difficult to manage your affairs. They may be left needing to apply to the Court of Protection for a deputyship order, which can be costly and time consuming.

There are a number of advantages to making a Lasting Power of Attorney, including:

• You choose someone who you trust to look after your affairs and welfare in the future.
• You are able to specify what your wishes are and what powers your attorneys are to have to look after you and your affairs in the way that you would wish
• You can choose who is told about your Lasting Power of Attorney, which allows people to raise concerns should they wish to do so
• Your signature and the signatures of your attorneys must be witnessed, reducing the likelihood of conflict over the validity of the document at a later stage

What Can An Attorney Do?

Much of what the attorney can do is decided by you in your Lasting Power of Attorney. You can grant general or limited authority, with general authority allowing your attorney to manage all of your property and affairs or make all your personal welfare decisions.

If the Lasting Power of Attorney relates to financial affairs and property, you can specify if it comes into force immediately or if it only comes into force once you no longer have mental capacity.

Attorneys can make gifts of your money and property but this power is limited. The Court can authorise additional powers to make gifts  in certain circumstances. Your attorney should take specialist advice if they are making investment decisions.

It is possible to appoint more than one attorney. Your chosen attorneys can act together, together and independently, or together in some matters and independently in others. If your attorneys must act together then the Lasting Power of Attorney will fail if either attorney dies or loses the ability to manage your affairs. It is possible for you to nominate a replacement attorney in case of death or loss of capacity.

Making And Using A Lasting Power Of Attorney

If you are still able to make decisions for yourself, you can make and register a Lasting Power of Attorney at any time.  Once you have lost the mental capacity to understand what a  Lasting Power of Attorney is, it is too late to make one and your family may need to look at an application to the Court of Protection to appoint a deputy instead to look after your affairs.

To register a Lasting Power of Attorney, a number of official forms must be completed which our legal experts can assist with. During registration it is possible for chosen people to object to the Lasting Power of Attorney, but if no objections are made the Lasting Power of Attorney will be registered.

Enduring Powers of Attorney

Prior to 1st October 2007, it was possible to make an Enduring Power of Attorney rather than a Lasting Power of Attorney. Whilst it is no longer possible to make an Enduring Power of Attorney  today, many are still valid and in existence. These did not need to be registered when made, but do still need to be registered if the person making them subsequently loses capacity.  Our specialist lawyers can help with registration and, if objections are received to that registration, or you are a person wishing to make an objection, can also assist in any subsequent Court proceedings.

For more information on Powers of Attorney, read our frequently asked questions.