When someone appoints another person to manage their affairs and make decisions on their behalf, this is referred to as appointing their power of attorney. This is accomplished through the use of a legal document. The appointed individual is referred to as an attorney. There are numerous types of power of attorney, but they all share two critical characteristics:
- The person appointing the attorney must create the power of attorney document while they are fully capable of understanding it.
- The individual’s power of attorney terminates upon his or her death (or when specified in the document)
In this article, lawyer for power of attorney near me, we take a look at these issues in more depth and describe the mechanics of using a power of attorney. We are an award-winning, multidisciplinary law firm based in Hale, South Manchester and also London. We are easily accessible to our clients throughout the country. Every power of attorney we create for our clients is drafted by a specialist and hugely experienced qualified solicitor.
It is possible to draft your own Power of Attorney and there are many websites that will let you do this. However, do consider that the implications of drafting a Power of Attorney can be far-reaching with significant consequences if you get it wrong. It is for this reason that we strongly advise using the services of an experienced solicitor.
Free Initial Telephone Discussion
For a free initial discussion on how we can help you deal with the legal implications of creating a power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
Why would you need to appoint a Power of Attorney?
There are several reasons why you may require another person’s assistance in making decisions or acting on your behalf:
- This may be a temporary circumstance, such as being hospitalised and requiring assistance with daily tasks such as paying bills.
- If, for example, you have been diagnosed with dementia and will eventually lose the ability to make your own decisions, you may need to make longer-term plans.
Understanding Power of Attorney – what does “mental capacity” mean?
Mental capacity is defined as the ability to make or communicate specific choices at the appropriate time. Mental capacity necessitates an understanding of the decision at hand, why it is necessary, and the decision’s likely outcome.
Certain individuals will be capable of making decisions in some instances but not in others. For example, they may be capable of deciding what to cook for dinner but unable to comprehend and arrange for their home insurance. Alternatively, their decision-making capacity may fluctuate daily.
Taking more time to comprehend or communicate does not indicate a mental capacity deficit. For example, dementia does not always imply a person’s inability to make independent choices. Where an individual is having difficulty communicating a decision, every effort should be made to overcome those barriers and assist the individual in making their own choice.
Are there different types of Power of Attorney?
There are several different types of powers of attorney, and you can establish more than one:
Ordinary power of attorney
This includes financial decisions and remains valid as long as mental capacity is retained. It is appropriate if you require coverage for a limited period of time (hospital stay or vacation), have difficulty getting around, or wish for someone to act on your behalf.
Lasting power of attorney (LPA)
An LPA safeguards your financial affairs, as well as your health and care. It becomes effective if you lose mental capacity or no longer desire to make your own choices. If you wish to ensure you are protected in the future, you would establish an LPA.
Enduring powers of attorney (EPA)
In October 2007, EPAs were phased out and replaced by LPAs. However, if an EPA was created and signed prior to 1 October 2007, it should remain valid. An EPA governs property and financial decisions and takes effect if you lose mental capacity or wish for someone to act on your behalf.
How we can help
We have a proven track-record of helping clients create a power of attorney. This includes all of the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Power of Attorney. However, expert legal support is crucial in terms of ensuring your final wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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