As we get older, we may find that we come to rely more and more upon friends and family for help and support in our daily lives. We are also at increasing risk of being suddenly incapacitated by perhaps a stroke or a heavy fall, and may then need to rely upon others for their help. Sadly, there is also a risk that we may lose mental capacity and may become unable to deal with our affairs at all.
A lthough you may have relatives and friends who are willing to assist you, they will not be able to deal with such matters as paying your bills and dealing with utility companies without your written authority.
This could well lead to problems, but there is a simple solution. By having a Lasting Power of Attorney drawn up, before any problems arise, you can appoint someone you know and trust as your Attorney to act on your behalf in relation to your property and affairs generally. This is called a Lasting Power of Attorney because it will continue indefinitely even if you lose mental capacity.
You can also have a Lasting Power of Attorney drawn up to cover health and welfare issues. This would enable your Attorneys, should you later lose mental capacity, to make decisions about where you should live, what medication you should receive and make other personal decisions for you.
Why have a Lasting Power of Attorney now?
You can only appoint someone to act as your Attorney if you have mental capacity. If therefore you do nothing, and you lose mental capacity at some later time in your life, you will not be able to appoint anyone to act for you. This will mean that your relatives have to apply to the Court of Protection to be appointed as your Deputies. This is a complicated long drawn out and expensive process and you will have no control over who is appointed.
It is a sensible precaution therefore to have a Lasting Power of Attorney drawn up now even if it is only intended for use at some later date. You can choose the person or persons who you wish to act as your Attorney or Attorneys and you could provide them with written guidance as to how you would like them to act in the event that you lose mental capacity. You can appoint persons you know and trust and who can be relied upon to act in your best interests.
How We Can Help
We can offer you comprehensive advice and information about having a Lasting Power of Attorney drawn up taking into account your particular circumstances. We can answer your queries and deal with any concerns that you have before the document is drawn up.
We can then prepare the papers for you.
Lasting Powers of Attorney have to be registered with The Office of the Public Guardian before they can be used so we will arrange for that to be done on your behalf as well.
We can offer you help, guidance and reassurance at every step of the process.
Court of Protection
We also deal with Court of Protection applications. Such applications are necessary when someone wishes to take control of the affairs of someone who has lost mental capacity. Such applications are made by the proposed Deputies. We offer a comprehensive service in relation to such applications including preliminary advice where necessary.
Please see our brochures (link above) for further information or contact us by telephone or email for advice.
We offer a comprehensive service for the preparation, completion and registration of Lasting Powers of Attorney from just £399.00 plus VAT and disbursements.