Lasting Powers of Attorney

There are two types of Lasting Power of Attorney.

Lasting Power of Attorney - Property and Financial Affairs.

This is a document whereby a person (the donor) appoints another individual or individuals (the Attorney) to act on their behalf in relation to their property and affairs. In other words it is a formal process by which one person can empower another to deal with their financial affairs – such as writing cheques on behalf of the donor even selling the donor's house if the document allows.

A Lasting Power of Attorney is often useful where an individual is not physically able to get out and about so as to deal with their affairs it is also of use where the donor has lost mental capacity to deal with their affairs.

Download our information leaflet on Lasting Power of Attorney - Property and Financial Affairs.

Lasting Power of Attorney - Health and Welfare.

Whilst the Lasting Power of Attorney - Property and Financial Affairs relates solely to financial matters, a Lasting Power of Attorney - Health and Welfare relates to welfare decisions to be made on behalf of an individual who has lost mental capacity. Such decisions can range from what clothes the donor is to wear, where they are to live and what medication they are to receive to whether they are to be kept alive by artificial means.

Download our information leaflet on Lasting Power of Attorney - Health and Welfare.

Should you require further information on either of the above types of Lasting Power of Attorney then please contact us and request our Standard Guidance Note or alternatively you can visit the Office of the Public Guardian website whose job it is to oversee and monitor registered Lasting Power of Attorney.

Elderly Client Advice

In addition to the drafting of the above documents and applications (which are often relevant to the elderly client), we can also offer advice and guidance in relation to the following:

  1. Potential care home fee liability and safeguarding the assets of the elderly generally.
  2. Attendance Allowance and Nursing Allowance.

Should you require assistance or advice on any of the above, then please contact our William Morgan.


Enduring Powers of Attorney

It is no longer possible for a donor to enter into or appoint an Attorney under an Enduring Power of Attorney. Enduring Powers of Attorney executed before 1 October 2007, however, whether registered or unregistered still remain valid. Should you require any assistance in terms of registering an Enduring Power of Attorney then please contact our William Morgan.

Deputyship applications to the Court of Protection

Where an individual has lost mental capacity to deal with their own affairs and has not entered into either an Enduring Power of Attorney or Lasting Power of Attorney it may be necessary for an individual known as a “Deputy” to make application to the Court of Protection so that they (the Deputy) can be empowered to deal with the incapacitated person’s assets. Again should you have any queries or require assistance in this area then please contact our William Morgan.

Alternatively advice can be obtained form the Office of the Public Guardian website.


Disclaimer

The materials appearing on this website do not constitute legal advice and are provided for general information purposes only. No warranty, whether expressed or implied, is given in relation to such materials. Morgan and Co Solicitors shall not be liable for any technical, editorial, typographical or other errors or omissions within the materials provided on this website, nor shall we be responsible for the content of any web images or information linked to this website

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