Powers of Attorney
We do get a lot of enquiries from people who are worried that either they or someone they know may not be able to manage their own affairs. It is important that you obtain a Power of Attorney before someone loses the mental capacity to appoint someone who can look after their affairs. You can have up to 4 Attorneys.
The way that this is done is by way of a Lasting Power of Attorney. These are dealt with by the Office of the Public Guardian and to achieve this you have to complete a Lasting Power and an application form and, in some cases you have to give notice to someone you know. We can act as the certificate provider for the Power of Attorney and, in some cases we will act as the Attorney.
We will see the person who wants to make the Lasting Power either in our office or in their home if they have trouble travelling. We will complete the forms and send them to the Office of the Public Guardian. There is a six week statutory period between lodging the completed papers and the Power being granted so be sure to tell us as soon as you can if you think you or someone you know needs to have a Power.
There are two types of Lasting Power, the first one is for Property and Financial Affairs and the second is for Health and Welfare and enables the donor of the Power to say whether or not they want to give the Attorney the power to give or refuse consent to life sustenance.
In the event that a donor is not able to clearly make up their own mind and to understand what they are doing they are said not to have the mental capacity to make an appointment and in that case an application would have to be made to the Court of Protection for an Attorney to be appointed by the Court.
In this important area Nick Robinson and Tej Cheema can help you.