A Lasting Power of Attorney is the responsible individual that you put in place to take control of your affairs should your mental or physical capacity diminish to the point whereby it is deemed you are no longer able to do so for yourself. Should the situation arise and no lasting power of attorney is found to have been appointed, your family or close friends can apply to the Court of Protection to be elevated to that position, which could result in someone you would not want being given control over decisions regarding your health, welfare, and finances.
There are two different sections that can be managed by a lasting power of attorney, one is to implement decisions over financial and property affairs and the other is over health and welfare issues. You can have two separate people to do one of these each or you can appoint one person to do both. There is also the possibility of including someone to be your business power of attorney should you be involved in any commercial arrangements.
There are in depth checks that will be executed on the individuals you nominate for the role of power of attorney. This is not to doubt your relationship with them, rather to safeguard you against any possible abuse for power.
Our expert Wills & Probate lawyers are able to assist you with preparation of:
- a property and financial affairs lasting power of attorney;
- a health and welfare lasting power of attorney, accompanied by an advanced decision directing whether life sustaining treatment should be given; and
- a business power of attorney.
We can also help with applications to the Court of Protection:
- for the appointment of a deputy in cases where a loved one loses mental capacity before a lasting power of attorney can be made;
- to resolve issues on which attorneys or deputies may disagree; and
- to seek permission to take steps, or to make decisions, not covered by a lasting power of attorney or deputyship order.
Additionally if you feel it the most appropriate nomination, we can act as an attorney or a deputy on your behalf.
Advising families throughout Kent and beyond
We have offices in Chatham, Maidstone, Tonbridge, Gravesend and Tenterden where we can meet you to discuss your requirements.
We can also offer meetings at your home, in hospital or in a care facility, and in exceptional circumstances a telephone appointment can be arranged via skype.
We can agree funding arrangements to suit your budget. For some cases involving the Court of Protection legal aid may be available.
Get in touch
Call us on 01634 811444 if you need our help. Alternatively complete our Contact Us form and we will be in touch as soon as possible.