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Power of Attorney

Preparing a Will ensures that your property and possessions go to whom you desire on your death, but what happens to your property during your life if you are struck down with illness or injury, or become mentally incapable of making vital decisions?

Without a Power of Attorney, the only way for your family to help you make decisions is to apply to the Court of Protection for a "Deputy" to be appointed. This is a long and expensive process under close scrutiny from the court and requires annual accounts to be filed.

To avoid this, you can choose one or more trustworthy people giving them your "Lasting Power of Attorney". This means that your Power endures your mental and physical incapacity.

What can a Power of Attorney cover?

You can authorise your Attorney to carry out any transaction on your behalf relating to your financial affairs which you are legally able to do yourself (in respect of your money, savings, investments and property), together with issues over your personal healthcare and welfare.

Alternatively, you can authorise the Attorney to deal only with those aspects of your affairs which you want them to, e.g. to operate a specific account, or deal with the sale of a property.

Unlike the previous Enduring Powers of Attorney which only covered financial affairs, there are two types of Lasting Powers, one covering financial affairs, but a new type covering 'Personal Welfare' such as where you are to live, consenting/refusing medical treatment, and day to day care including diet and dress.

Can I change my mind later?

As long as you still have mental capacity you can revoke an Enduring Power of Attorney at any time.