Court of Protection
A power of attorney is a legal document that allows an individual to make important decisions on your behalf, if you are unable to make these decisions yourself.
Once you have a lasting power of attorney in place, you have peace of mind that there is someone you trust to look after your affairs if you are unable to do so yourself, for example because of illness, age or an accident.
There are two types of lasting power of attorney:-
1. Lasting power of attorney for property and financial affairs.
2. Lasting power of attorney for health and welfare.
A lasting power of attorney for property and financial affairs grants your attorney the authority to make decisions about your assets and personal property, for example your house, bank accounts, etc.
A lasting power of attorney for health and welfare allows your attorney to make decisions about your health and welfare, for example moving to a care home, daily living routine, getting help from Social Services, power to provide or withhold consent for life-sustaining medical treatment.
The power of attorney will need to be registered with the Office of the Public Guardian (OPG) before it is considered valid/effective.
You can, of course, apply for a power of attorney online yourself. You may even be exempt from paying the £82.00 fee to register the power of attorney document depending on your financial circumstances.
However, the risk is that the forms are a little involved, you might make a mistake and if that happens the whole process can become lengthy and frustrating and the power of attorney may be ineffective.
We can set up a power of attorney quickly and easily for you, giving you the peace of mind you would wish in these circumstances.
Many people are not aware that your next of kin has no automatic legal right to manage their spouse’s affairs without a lasting power of attorney. Therefore, if you become incapacitated, the Court will choose someone to act on your behalf and that might not be the person you want. If you are no longer capable of signing the lasting power of attorney, then you can no longer choose your representative. If you do not have a lasting power of attorney, making decisions on your spouse’s behalf can become prolonged and more expensive.
If there is no power of attorney, then an individual will need to apply to the Court of Protection to obtain legal authority over your affairs. The Court of Protection will decide on the person to be appointed to manage your affairs. The person appointed is called a, “deputy”. This is a more costly, complex process than being appointed an attorney under a lasting power of attorney.
If you require assistance and advice about a lasting power of attorney,
please call us on 0121 248 1980