Power of Attorney

Why have a Power of Attorney?

Having a power of attorney in place is essential to ensure both you and your finances are looked after if you should be unable to do so for yourself, whether for mental or physical reasons.

Some Misconceptions

It is a common misconception that your nearest relatives, such as a spouse or children, will be able to manage your affairs for you but sadly this is not the case.

A lasting power of attorney (LPA) is a way of giving someone you trust the legal authority to make decisions on your behalf if you lack mental capacity at some time in the future or no longer wish to make decisions for yourself.

There are two types:

Property & Financial affairs

This can be used whilst someone still has mental capacity. An attorney (the person who makes decisions for you) can generally make decisions on things such as:
  • Buying and selling property
  • Paying the mortgage
  • Investing money
  • Paying bills
  • Arranging repairs to property

Health & Welfare

This covers decisions about healthcare as well as personal welfare and can only be used once a person has lost mental capacity. An attorney can generally make decisions about things such as:
  • Where you should live
  • Your medical care
  • What you should eat
  • Who you should have contact with
  • What kind of social activities you should take part in

MAKING A POWER OF ATTORNEY

In planning for the future, having a power of attorney in place is essential to ensure both you and your finances are looked after if you should be unable to do so for yourself, whether for mental or physical reasons. It is a common misconception that your nearest relatives, such as a spouse or children, will be able to manage your affairs for you but sadly this is not the case. Without a power of attorney in place your relatives will need to apply for a Deputyship Order which can be time consuming and costly. We can help you put in place a Lasting Power of Attorney (LPA) which allows you to choose who your attorneys will be if you are unable to manage your own affairs. We can also assist with the registration procedure which is now required before your LPA can be used by your attorney(s), whether or not you have mental capacity.

REGISTERING AND/OR ADMINISTERING A POWER OF ATTORNEY

We can assist with the registration of your Lasting Power of Attorney as the donor and/or the registration of another’s Lasting Power of Attorney by you as an attorney. The Office of the Public Guardian has a very specific procedure for the registration and will reject applications not properly completed. We can also advise upon and assist in the longer term with the administration of a power of attorney to ensure the attorney is acting in the best interests of the donor.

APPLYING FOR A DEPUTYSHIP ORDER FOR SOMEONE WHO HAS NOT MADE A POWER OF ATTORNEY

We can help you make an application to the Office of the Public Guardian to be appointed as Deputy for another. Where someone has not made a power of attorney and they have now lost mental capacity so unable to make a power of attorney themselves, an appropriate person can apply to be appointed as a Deputy to manage their affairs. We can advise and prepare the application for you together with dealing with the ongoing procedures with the Office of the Public Guardian, both before and after the Deputyship Order has been issued.

What you need to know

Restrictions

You can restrict or specify the types of decisions your attorney can make or you can allow them to make all decisions on your behalf.

Accounts

If you’re setting up a property and financial affairs LPA, your attorney must keep accounts and make sure their money is kept separate from your money.

Updates

You can request regular details of how much is spent and how much income you have.

Protection

This offers you an extra layer of protection. If you lose mental capacity, these details can be sent to your solicitor or a family member.

Can be costly without

Without a power of attorney in place your relatives will need to apply for a Deputyship Order which can be time consuming and costly.

We will help

KSN can help you put in place a Lasting Power of Attorney (LPA) which allows you to choose who your attorneys will be if you are unable to manage your own affairs.

Procedures

We can also assist with the registration procedure which is now required before your LPA can be used by your attorney(s), whether or not you have mental capacity.

Understanding

We'll make sure that everything is easy to understand, and we'll support you through every step.

Let's talk

We would love to help you with any legal issue that you are facing.  Please give us a call on 01276 28040 now, or drop us your details below and we'll give you a call back at a time that suits you.

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