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Powers of Attorney and Court of Protection

Lasting Powers of Attorney

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:-

  • Property and Financial Affairs Lasting Power of Attorney - You appoint your Attorneys to deal with your financial affairs if and when required. They can either assist at your request, or can act on your behalf if you become incapable. By making an LPA you are not giving up the right to continue looking after your financial affairs whilst you are capable of doing so yourself, but by making an LPA it gives you peace of mind that you have put provisions in place for someone that you trust to look after your financial affairs if you should become unable to do so yourself.
  • Health and Welfare Lasting Power of Attorney - Your attorneys under this LPA are authorised to make decisions on your behalf regarding health and welfare but only if you are unable to make that particular decision yourself. You may if you wish give your attorneys authority to give or refuse consent to life sustaining treatment, once again only if you are unable to give or refuse such consent.

General 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.

Court of Protection

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.

Documents

Download our Client Care Procedure For Older And Vulnerable Clients document.

Further Assistance

For further assistance please contact a member of the Wills, Trust & Probate team to arrange an appointment.

For additional information on all of the services Robinson Allfree provide please contact
our Ramsgate Office on 01843 592361 or our Broadstairs Office on 01843 865261.