T: 01633 262 848

Blog

SECTION

PAGE of 7

Lasting Powers of Attorneys

Unfortunately there are illnesses that affect our minds making us incapable of making decisions. It is therefore important that you make a power of attorney whilst you have the capacity to do so to ensure that you elect someone who you want to be your attorney.

The importance of dealing with a power of attorney is something that many people overlook. By making arrangements for a power of attorney you can choose someone to handle your affairs.

There are two main types of power of attorney:-

There are two main types of power of attorney. One will deal with your health and welfare and the other will deal with your property and financial affairs. It is important that powers of attorneys are dealt with before a person loses the capacity to transfer to their person of choice the authority to deal with their affairs. A person can limit the power they transfer to decisions a person can make on their behalf.

Health and welfare lasting power of attorney

This allows you to choose 1 person or more to make decisions about things like:

  • your daily routine (eg eating and what to wear)
  • medical care
  • moving into a care home
  • life-sustaining treatment

This type of lasting power of attorney can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

This lets you choose 1 person or more to make decisions about money and property for you, eg:

  • paying bills
  • collecting benefits
  • selling your home

This type of lasting power of attorney can be used as soon as it’s registered, with your permission

It is always advisable to prepare the power of attorney now to avoid any obstacles in the future. You can simply make the power of attorney in readiness for when you need it.

From 1st July 2014 the Lasting Powers of Attorney applications changed slightly. Now applications can be made and registered however, you then choose when they are to be effective. There is the option that once registered the forms automatically become effective or you can choose that they will only be effective once you lose capacity.

There is the misconception that powers of attorneys only apply to the elderly. This is not the case, powers of attorneys are for anyone over the age of 18 years. It is imperative that the application for a power of attorney is dealt with before a person loses the capacity.

An attorney can be anyone you chose providing they are over the age of 18 years is not a bankrupt.

When choosing an attorney you will need to think about who you know well, who would have your best interest at heart and who can be trusted. You could have more than one attorney and could also safeguard you power of attorney by having replacement attorneys. If you have more than one attorney you can say whether they are to act jointly or jointly and severally.  You can also add restrictions when making a power of attorney to ensure that it reflects your wishes.

Our fee for dealing with powers of attorney are £350 plus VAT each  if the client attends the office and £500 plus VAT for home appointments.

For more information please contact Samantha Collier on 01633 262848 or email samanthac@ch-law.co.uk