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Powers of Attorney and Court of Protection Applications
Creating a Power of Attorney
Making a Power of Attorney is advisable to enable you to appoint an Attorney to help you look after your affairs should you become unable to do so yourself. An ordinary Power of Attorney can be in the form of a General Power of Attorney or a Specific Power of Attorney and relate to a variety of different circumstances. The problem with creating such a Power of Attorney is that it will become invalid in the event of mental incapacity.
Creating a Lasting Power of Attorney
A more long term Power of Attorney would be the Lasting Power of Attorney which - unlike an ordinary Power of Attorney - remains valid in the event of loss of mental capacity. There are two types of Lasting Power of Attorney; Property & Financial Affairs and Health & Welfare.
The Property & Financial Affairs Lasting Power of Attorney allows you to appoint Attorneys to manage, and make decisions about your:
- bank and building society accounts;
- pensions; and
The Health & Welfare Lasting Power of Attorney allows you to appoint Attorneys to make decisions about:
- your medical treatment;
- your medical care;
- your place of residence e.g. if you needed to go into residential care; and
- if you wish, giving or refusing consent to life sustaining treatment (for example, whether to turn off a life support machine).
It is imperative, when making a Lasting Power of Attorney, that the required documentation is prepared and executed correctly to avoid rejection by the Office of the Public Guardian, financial institutions and care authorities. We can guide you through the process by completing all the extensive paperwork for you so as to ensure that your Lasting Power of Attorney is effective and workable.
Importantly, you can only create a Lasting Power of Attorney while you have the requisite mental capacity to understand what you are making. It is essential, therefore, that you create Lasting Powers of Attorney sooner rather than later.
We will comply with and follow all the necessary formalities to ensure that you have a valid Lasting Power of Attorney and register the same with the Office of the Public Guardian for you. If a person does not have family or friends who can act as an Attorney, we may be able to assist by becoming an Attorney; and we will always operate strictly within professional guidelines and act in our client’s best interests.
Registering an Enduring Power of Attorney
In October 2007, Lasting Powers of Attorney replaced the previous Enduring Power of Attorney. It is no longer possible to make an Enduring Power of Attorney but those properly created before October 2007 remain valid.
Unlike the Lasting Power of Attorney, an Enduring Power of Attorney only relates to decisions about your property and financial affairs. An Enduring Power of Attorney should be registered when the person who made the Enduring Power of Attorney is losing or has lost the mental capacity to manage their own affairs.
We will advise you on the use of an Enduring Power of Attorney and guide you through the necessary registration process when required.
Court of Protection Application
Where a person does not have an Enduring Power of Attorney and is unable to make a Lasting Power of Attorney we can help in the procedure for appointing a Deputy through the Court of Protection. If a person does not have family or friends who can help, we may be able to assist by becoming a Deputy; and - as with our appointment under a Lasting Power of Attorney - we will always operate strictly within professional guidelines and act in our client’s best interests.