What Is A Power Of Attorney?
A ‘Power of Attorney’ (or Lasting Power of Attorney) is a document that appoints a trusted person to make decisions for you in your lifetime.
There are two types of Power of Attorney:
- Health and Welfare Lasting Power of Attorney: This gives your attorney the power to make decisions about medical treatment and decisions that affect your personal welfare, such as where you live.
- Property and Financial Affairs Lasting Power of Attorney: this gives your attorney power to manage your finances and sell property.
However, which type of power of attorney and whom to appoint depends on your individual circumstances.
How Our Lasting Powers Of Attorney Solicitors Can Help
We will use our years of experience and expertise to prepare the Power of Attorney that best meets your needs.
This will involve a detailed discussion of your circumstances and wishes and a pragmatic appraisal of the best way to ensure your wishes can be carried out if you are incapable of making decisions for yourself in the future.
We strongly recommend that all clients prepare Lasting Powers of Attorney to cover future financial and medical decisions in case you become mentally incapable.
We are happy to discuss Care Home Fees Planning with you as part of this process.
However, a General Power of Attorney may also be suitable, tailored to your particular needs for a limited period of time.
For example, this could enable a property to be sold or facilitate general management of your financial affairs if you are going to be out of the country or otherwise unavailable.
Contact Our Lasting Power Of Attorney Solicitors
Sorting out your Lasting Power of Attorney can seem like a daunting task.
If you would like to speak to our expert legal team about how we could help, there are many ways to get in touch with Monan Gozzett.
You can contact us by phone on 0207 936 6329, email info@monangozzett.com, or complete our Quick Contact Form below.
With offices in Sussex, Hampshire, Surrey, London and Yorkshire, we can arrange virtual or face-to-face meetings with clients. Find out more about our office locations.
Frequently Asked Questions About Lasting Powers Of Attorney
Why should I make a Lasting Power of Attorney?
A Lasting Power of Attorney can offer considerable peace of mind that someone you trust can make big life decisions for you if you ever find yourself unable to. It can also really help your close friends and family. For example, if you are injured or develop an illness that leaves you mentally incapacitated, a Power of Attorney will help ensure your loved ones aren’t faced with long court battles as they seek to take control of your finances. There are a lot of misconceptions about LPAs. We have written a blog which should help dispel these and answer any further questions you may have: Five Myths About Lasting Powers of Attorney.
Can I make my own LPA?
It is certainly possible for individuals to create their own Lasting Powers of Attorney (LPA). However, seeking legal guidance when preparing such critical legal documents is highly recommended. Making mistakes in the preparation of these documents can have serious consequences, so seeking professional advice is often considered a prudent step.
You can read more in our blog The Risks of DIY Lasting Powers of Attorney.
Who should I appoint as my attorney?
Choosing an attorney is a personal choice. It should be someone you trust: a friend, spouse, partner or family member over 18.
You could also choose a solicitor if you wanted them to help with financial decisions. Monan Gozzett LLP can act as your attorney if appropriate for your circumstances. If so, we will discuss your wishes and feelings for various circumstances that may arise in the future in-depth so that we can best carry out our duties when you are no longer capable. We are also more than happy to advise your chosen attorney on their legal duties and guide them through the process of managing your affairs on an ongoing basis. If you or your loved one is not capable of making a Power of Attorney, then the solution is a Court of Protection Deputyship.
What are the responsibilities of an attorney?
While attorneys are appointed to help make decisions for you, it should be noted that they can't take your ability to make decisions away from you entirely, even if you lose mental capacity.
Their role is to carry out your wishes. However, if – for whatever reason - you struggle to make critical decisions on your own, your attorney should help you decide. They must not make decisions for you just because they don't agree with the one you've made.
If you would like to speak to our expert legal team about this, or any related subject then please contact our team by phone on 0207 936 6329, Email or by completing our Quick Contact Form below.