A Lasting Power of Attorney is a legal document which allows a person to choose someone to be an attorney on their behalf. The power would be used at a time in the future when that person no longer wishes to make decisions on their own behalf or because that person lacks sufficient mental capacity to make decisions.
A Lasting Power of Attorney can only be used if it has been registered at the Office of the Public Guardian.
There are two forms of Lasting Power of Attorney:-
A General Power of Attorney is a short term measure which allows a person to appoint an attorney to deal with specific assets or business on their behalf. This can include buying or selling shares, property and signing cheques etc.
A General Power of Attorney is of limited scope and duration.
If a friend or relative loses their mental capacity and has no Power of Attorney, then an application will need to be made to the Court for the appointment of a Deputy. Once appointed, the Deputy can deal with the financial affairs of the person who has lost capacity. The application process is detailed and lengthy - we can offer help and advice with this.
Download our Client Care Procedure For Older And Vulnerable Clients document.
For further assistance please contact a member of the Wills, Trust & Probate team to arrange an appointment.