What we can help you with
- Appointing Attorneys in Lasting Powers of Attorney
- Removing your Attorneys
- Advising Attorneys about their role
- Becoming a Deputy for someone who lacks mental capacity
- Registering Enduring Powers of Attorney
At any stage in life you may become unable to manage your own financial affairs, either permanently or temporarily. Having an accident or an illness which renders you mentally incapable to manage your own bank accounts, investments and property can cause great difficulty for you and your loved ones.
It is a little known fact that ‘next of kin’ is not a legal concept. Being recorded as someone’s next of kin on medical records gives no legal status to make decisions or to receive information as a right. If you lack mental capacity, decisions about your care and medical treatment will be taken out of your hands, and possibly out of the hands of your family and friends.
When appointing an Attorney you chose people you trust to have the right to make decisions for you if it becomes necessary. Our team of solicitors can assist you to make the right choices and decisions about how to appoint Attorneys in a Lasting Power of Attorney (LPA). There are two types of LPA: one for financial decisions and the other for health and care decisions. We can explain how each type works and how each can be tailored to your own specific needs.
If you are an Attorney and need legal advice about any issue relating to your appointment, we can review your situation and provide clear, comprehensive advice.
If your loved one did not appoint Attorneys while they still had mental capacity, you can apply to the Court of Protection to become their Deputy in terms of their financial affairs. Our solicitors can assist you to make an application which anticipates all the legal requirements that may be needed by your loved one. The role of a Deputy is not as extensive as that of an Attorney, and we can advise you on the limits and extent of your authority as a Deputy, and your on-going responsibilities.
If you or your loved one are house-bound or would find travel to our office difficult, we will provide free, local home visits at a time that suits all involved.
If you know you are going to need the assistance of an Attorney for a short time, or possibly while your LPA is being registered ready for use, you could appoint an Attorney under a General Power of Attorney – again, we can assist you with this.
Lasting Powers of Attorney came into being in October 2007. Before this date Attorneys were appointed (for financial affairs only) in Enduring Powers of Attorney (EPA). If your loved one made an EPA in which you have been appointed as an Attorney, you have a legal obligation to register the EPA with the Office of the Public Guardian as soon as the mental capacity of the person who made the EPA starts to decline. Often at this stage time is of the essence, so our solicitors can assist you because they are experienced in dealing with this type of registration quickly and efficiently.