Power of Attorney
A Lasting Power of Attorney is where you give a trusted person the authority to make decisions on your behalf if in the future you are unable to do so yourself through mental incapacity.
Lasting Powers of Attorney replaced the earlier ‘Enduring Powers of Attorney’ in October 2007.
There are two types of Lasting Power of Attorney:
A Lasting Power of Attorney to make financial decisions. Your attorney can make decisions about:
- Buying and selling property
- Paying a mortgage
- Investing money
- Paying bills
- Arranging repairs to the property
A Lasting Power of Attorney to make care and health/medical decisions. Your attorney can make decisions about:
- Where you should live
- Your medical care
- What you should eat
- Who you should have contact with
- What kind of social activities you should be involved with
You can choose which decisions you would like your Attorney to make on your behalf.
Lasting Powers of Attorney are only valid if you are mentally able to set one up and that you have not been pressurised into making one. Before a Lasting Power of Attorney takes effect it must be registered with the Court of Protection. It can be cancelled at any time prior to registration.
Living Wills give you the opportunity to state if you have any preferences regarding medical treatment should you become incapable of communicating your wishes in the future. The can help you to retain an element of control. Please visit our section on Living Wills for further information and details of whom to contact.
Court of Protection
The Court of Protection is the legal body responsible for making decisions relating to the management of finances and other affairs of people who do not have the mental capability to do so themselves. The Court of Protection looks after those people who have not put in place a Power of Attorney before losing the mental ability to do so.
In this situation, the Court of Protection will appoint a Deputy to look after that person’s affairs. The Deputy must act in that person’s best interests and follow the rules of the Mental Capacity Act.
The Court of Protection are responsible for:
- deciding whether someone has the mental capacity to make a particular decision for themselves
- appointing deputies to make ongoing decisions for people who lack mental capacity
- giving people permission to make one-off decisions on behalf of someone else who lacks mental capacity
- handling urgent or emergency applications where a decision must be made on behalf of someone else without delay
- making decisions about a lasting power of attorney or enduring power of attorney and considering any objections to their registration
- considering applications to make statutory wills or gifts
- making decisions about when someone can be deprived of their liberty under the Mental Capacity Act
At Newtons, our Court of Protection solicitors are experts in managing the property and affairs for many clients who are unable to do so for themselves. They have a wealth of experience in acting as Deputy’s (or for Deputy’s) on behalf of Court of Protection and will listen to your needs with sensitivity and understanding.
We can also advise you on statutory wills in the court of protection, lifetime tax planning and provision of gifts.
Our wills, probate and trusts team is here to help.
Please call us to find out how we can help. We can talk on the phone or arrange a meeting where we can discuss your options and give you a clear idea of timeframes and costs.
Alternatively, please contact us online and we’ll call you back when it’s convenient for you.