Lasting
Powers of Attorney
Unfortunately
there may come a time
when you are not capable of managing your property and
financial
affairs or personal welfare, you will need someone to do this for
you. You can formally appoint a friend, relative or
professional to act on your behalf by way of a Lasting Power of
Attorney. This has to be granted by you whilst of sound mind
so a
bit of forward planning is needed.
From
the 1st October 2007 if you want to make provision for the future,
there are two different types of Lasting Powers of Attorney available
to you but a Power can only be used by your Attorney once it has
been registered with the Office of the Public Guardian.
1.
Property and
Affairs:
This type of Lasting Power of Attorney allows you to choose someone you
trust to make
decisions in respect of your money and the way in which your property
and affairs are managed. This can include operating a bank
account, making investment decisions, signing tax returns and selling
and buying property. Clearly this must be someone you trust
totally.
2.
Personal
Welfare:
This type of Lasting Power of Attorney allows you to choose someone you
trust to make
decisions on your behalf relating to your personal healthcare and
welfare if you lack capacity to make such decisions.
This can include decisions to give or refuse consent to carrying out
medical treatment on your behalf. The
Attorney can also make decisions as to where you live.
Some
people choose to prepare the above mentioned documentation whilst they
are still healthy even if there is no prospect of illness.
This may be because they want to keep some control over what might
happen to them in the future. Others may view putting
such documents in place as part of their preparations for growing older
(similar to making a Will), or because they may have been told that
they have a specific disease or condition. The documents are
a safeguard against potential future events.
We are
able to assist you with the above and, should you be interested, we
will be more than happy to discuss the matter with you in further
detail. Please contact Maria Russo
telephone 01245 358257.
We have an initial free half hour interview when we outline
what is involved.
Application to be appointed a
Deputy
If a person lacks capacity, usually through mental impairment, then he
or she is not able to give a Power of Attorney and so a trusted person
would need to be appointed as Deputy to make decisions on his or her
behalf.
A Deputy is appointed by the Court of Protection to manage the finances
of the person who is incapable and there can also be an application to
look after the welfare of that person. The Court has to
decide if the Applicant is an appropriate person to act as Deputy.
Becoming a Deputy means taking on a number of duties and
responsibilities and acting in accordance with certain standards.
There are a considerable number of forms that have to be completed
before the Court will consider the Application and in many cases the
Court's permission will be needed. A medical report has to be
obtained. Applications can take some time to be dealt with
due to the number of forms involved and because the Court of Protection
has a backlog of cases.
Many people find the procedure somewhat daunting and we can assist by
dealing with the Application on your behalf. First of all we
provide a free initial interview to discuss matters in general terms
before proceeding with the Application itself. Please contact John Trusler
telephone 01245 358257.
We have an initial free half hour interview when we outline
what is involved.