When planning for the future, it is sensible to take into consideration as many eventualities as possible.
A Power of Attorney can help in many situations. For instance, it may be implemented if you are out of the country for long periods, or if you choose to live permanently outside the UK but still have assets here. Whatever the circumstances, you need to have your financial and legal affairs looked after by someone you trust.
An Attorney is a trusted person you can appoint to deal with your affairs, which can be general or specified. Your Attorney is under a duty to deal with your affairs as you would have done, if you were present or capable.
Any person over the age of 18 can be appointed, providing they themselves are mentally capable and not bankrupt.
Have you ever considered what would happen if you became physically and/or mentally incapable of managing your affairs? Mental incapacity is not just an affliction of the elderly – it can strike at any time as a result of an accident or premature dementia.
A Lasting Power of Attorney (LPA) enables you to choose an Attorney to look after your financial affairs and/or your personal welfare. That person will be registered with the Office of the Public Guardian and following registration will be able to make decisions on your behalf on matters such as paying your bills or collecting your income as well as making decisions about your personal welfare, such as what medical treatment you will receive or where you should live, but only if you have lost the ability to make personal welfare decisions for yourself.
Putting an LPA in place means that, should you become mentally incapable of looking after your own affairs, those caring for you will avoid the complication of applying to the Court of Protection to be appointed as your Deputy, a process which is both costly and time consuming.
An LPA can be cancelled by you at any time whilst you retain your mental capacity.
Enduring Powers of Attorney (EPAs) have now been superseded by Lasting Powers of Attorney. Validly made EPAs can still be used and would be registered should you become incapable. Our team can register the EPA with the Office of the Public Guardian on behalf of your Attorney.