Powers of Attorney & Court of Protection
Power of attorney documents allow you to nominate a person or people to deal with your affairs on your behalf.
A general power of attorney is a straightforward document related only to your financial affairs. A general power of attorney is limited in use as it will not survive if you lose your mental capacity to deal with your own affairs.
Enduring and lasting powers of attorney are more complex but they continue even after the loss of capacity, making them more flexible and more useful on a long term basis. Enduring powers of attorney were replaced in October 2007 by lasting powers of attorney and no new enduring powers of attorney can now be created. If, however, you have an enduring power of attorney that pre-dates the October 2007 changes then it continues to be valid until the death of the donor.
If you do not have a power of attorney in place and you lose your mental capacity a deputy will be appointed to act on your behalf by the Court of Protection. This is a more complex, and therefore expensive, process than putting in place a power of attorney and it can lead to somebody that you would not have chosen to act for you being named as your deputy.
- Age UK Law Clinics We are working with AgeUK to offer their clients and family members the chance to have a free 30 minute consultation with one of our Private Client solicitors.
- Warners solicitor Gail Hall discusses the government's risky online legal tool for LPAs on BBC Radio Kent Private Client solicitor Gail Hall at Warners Solicitors, was interviewed on BBC Radio Kent on Monday 28 November. Gail discussed the government's risky online legal tool for DIY LPAs and the importance of receiving legal expert advice when creating your LPA. You can listen to a recording from the show here...
- LPA tool leaving people at risk of financial abuse and fraud Warners Solicitors Gail Hall and Ruth Pannell, Full Accredited members of SFE, have joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government’s online tool for...