A Power of Attorney allows someone to make decisions on your behalf, should there come a time when you cannot do so yourself due to mental incapacity. A power of Attorney can be set up if you need someone to act for you, for a temporary period for example, while you are on holiday or in hospital, or physically impaired or if you want to supervise their actions.
Just as a Will details your wishes of what is to happen after you have passed away, a Lasting Power of Attorney details what you want to happen if you are incapacitated. This sort of Power of Attorney is referred to as a Lasting Power of Attorney and usually covers:
Property and financial affairs — which gives the attorney the authority to make decisions about your financial affairs. They can do this even while you have mental capacity.
Health and welfare — which gives the attorney the authority to make decisions about your personal welfare and healthcare.
The Lasting Power of Attorney, formerly known as an Enduring Power of Attorney, must be prepared well in advance, when you are of sound mind, and must be registered with the Office of the Public Guardian.
A Lasting Power of Attorney does the following things:
- Appoints the person you want to act on your behalf in the event you lose mental capacity due to illness, accident, stroke or dementia
- Prevents the state taking control of your affairs
- Saves your loved ones from the delays, stress and expense of applying to the Court of Protection at a later date
- Gives you peace of mind that your future affairs are in safe hands
Where there is no Lasting Power of Attorney, and someone you are concerned about lacks capacity to manage their financial affairs and requires the ongoing assistance of a professional deputy, we can provide the support you require and assist you in making the relevant applications to the Court of Protection.