What happens when you or someone close to you can no longer manage their own affairs and wishes to appoint someone on their behalf to make those decision.
What happens if you can no longer make decisions for yourself?
Where will you live? How will your money be invested? What will you eat? What will you wear?
If you or someone close to you has an accident or suffers from an illness, someone else may have to take these decisions for you. In most cases, the solution is to choose someone you trust to make those decisions for you and appoint them legally by granting a Lasting Power of Attorney.
We can advise you on all these issues and, where Lasting Powers of Attorney are necessary, we will make sure you have taken all the appropriate steps required.
Powers of Attorney – in detail
A Power of Attorney is a document in which one person, the ‘donor’ gives another person, ‘the attorney’, the power to carry out specified actions on their behalf. In each case, the donor must have requisite mental capacity to make a power. The powers include:
- General powers: these give the attorney the power to do anything which the donor could have lawfully done with their property
- Specific powers: these give the attorney powers to undertake specific acts only
- Enduring Powers of Attorney: these give wide powers for the attorney to deal with a donor’s affairs
- Lasting Powers of Attorney*: there are two types; a ‘property and financial affairs’ power enabling decisions concerning finances and a ‘personal welfare’ power which covers decisions regarding health and personal welfare; both must be registered at the Court of Protection before they can be used.
* Lasting Powers of Attorney replaced Enduring Powers of Attorney in 2007, although for those who already have Enduring Powers of Attorney they will remain in force.
Applications at the Court of Protection
For those who lack the requisite mental capacity to deal with their financial affairs, an Application to the Court of Protection is made in order to appoint a suitable relative or friend as ‘Deputy’ (formerly known as a Receiver).
A medical report is needed to accompany the application and various procedural requirements are necessary during the application process.
We have extensive experience in making such applications and, on many occasions, we have acted as Deputy for vulnerable clients where there are no suitable relatives or friends to assist.
Fees
We have set fees for the preparation, completion and registration of Lasting Powers of Attorney.
On completion of an application, the Court of Protection grant solicitors’ fees either on a fixed-fee basis or according to the court’s assessment. We are happy to accept fixed fees in most circumstances, although we will ask the Court to carry out an assessment of our fees in more complicated and time-consuming cases.
Please contact us to find out more or for an informal discussion.
