What our clients say…
The professional & friendly approach of Sharon Woodward immediately put me at ease. She is a very good listener and gave excellent advice, information and guidance in simple and easily understood terminology.Wills & Probate Client
Good customer service.Wills & Probate Client
Your firm has dealt with a few matters for me and my husband and we’ve always been really happy.Wills & Probate Client
Friendly and efficient service.Wills & Probate Client
Speak to Catrin Lloyd about Lasting Powers of Attorney
Appointing people you trust to look after your affairs
Lasting Powers of Attorney allow you to appoint people you trust to look after your affairs in the event that you lose the capacity to do so yourself. Completing Lasting Power of Attorney forms can be complex, and many people benefit from the advice of an experienced Solicitor to help them through the process. If you’d like advice on preparing your Lasting Power of Attorney, we can help.There are two types of Lasting Power of Attorney and there are different Lasting Power of Attorney forms to complete for each:
Property and Financial Affairs Lasting Power of Attorney
This allows you to appoint an Attorney who can make decisions about how your money is spent, and how your property and financial affairs are managed.A Property and Financial Affairs Lasting Power of Attorney can come into force as soon as it is registered, or you can restrict it so that it can be used only in the event that you lose the mental capacity to manage your own affairs. Depending on how the Power of Attorney is set up, your Attorney can be given authority to do any or all of the following on your behalf:
- Manage your bank accounts and other financial accounts, including opening or closing accounts.
- Deal with your taxes
- Deal with the buying and selling of investments and property
- Claim, receive and use any welfare benefits you are entitled to on your behalf
- Make gifts on your behalf
To protect you, there are limits placed on the gifts that can be given on your behalf. Gifts are restricted to those you would have made customarily – for example birthday gifts for relatives – and must not be of an unreasonable size relative to your financial circumstances. There are also safeguards in place to ensure that your attorney acts in your best interests at all times. In particular, Attorneys must always act according to the five principles of the Mental Capacity Act and ensure that decisions taken are in your best interests.
Personal Welfare Lasting Power of Attorney
A Personal Welfare Lasting Power of Attorney allows you to appoint an Attorney (or more than one) to make decisions about your health care, and your personal welfare. This type of Lasting Power of Attorney can only be used after it is registered and you no longer have capacity to decide for yourself.
Making a Personal Welfare Lasting Power of Attorney requires careful consideration, and it is likely you will want to consult your family and perhaps your doctor, as well as a solicitor, before setting one up.
Depending on how the Lasting Power of Attorney is set up, your Attorney can be given authority over any or all of the following:
- Where you will live, and who you will live with
- The people you should have contact with
- Arrangements for community care services
- Managing complaints about your care or treatment
- Dealing with your personal correspondence and papers
- Controlling access to personal information about you
- Decisions over whether you should take part in social or leisure activities, or training and education
- Decisions about your everyday care, including your diet and dress
- Decisions about medical care, including consenting to or refusing examination and treatment. For your protection, there are safeguards in place to ensure that your Attorney can only consent to or refuse life-saving or life-prolonging medical treatment if authorized by your Lasting Power of Attorney.
As with the Property and Financial Affairs Lasting Power of Attorney, there are safeguards in place to ensure that your Attorney acts in your best interests at all times.
If you would like advice on this topic, including completing Lasting Power of Attorney forms, or registering Lasting Powers of Attorney, contact Solicitors Catrin Lloyd or Sharon Woodward on 0800 138 0458, or complete our contact form to request a call back.
What is an Enduring Power of Attorney?
It is no longer possible to make an Enduring Power of Attorney. Enduring Powers of Attorney were replaced by Lasting Powers of Attorney on 1st October 2007. However, if you made an Enduring Power of Attorney before that date, it remains valid and can be registered with the Office of the Public Guardian by your Attorney if you are losing or have lost your capacity to make decisions. Enduring Powers of Attorney fulfilled the same function as a Lasting Power of Attorney for Property and Financial Affairs, in allowing people to appoint someone to be responsible for their property and finances in the event of lost mental capacity.
Recognition for our Court of Protection team
What our clients say…
The professional & friendly approach of Sharon Woodward immediately put me at ease. She is a very good listener and gave excellent advice, information and guidance in simple and easily understood terminology.Wills & Trusts Client
Your firm has dealt with a few matters for me and my husband and we’ve always been really happy.Wills & Trusts Client