Maxwell Hodge
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Flying the flag for families

Our first class legal team is specifically designed to give
you and your family the complete service, with
strength, support and efficiency throughout.

Lasting Power of Attorney

People probably take it for granted that they are able to look after their own every day affairs and make decisions for themselves. However, this could change as they can become unable to deal with their own affairs at any stage of their life.  This could be for a number of reasons such as an accident, physical illness or the onset of a mental illness; all of which could result in you having difficulties in managing your day to day affairs.

Although this is something that we do not like to think about, these difficulties can be overcome by the preparation of one document, a Lasting Power of Attorney.

What is a Lasting Power of Attorney?

There are two types of Lasting Power of Attorney:

  • A Property and Affairs Lasting Power of Attorney is a legal document that allows you to appoint somebody you trust to make decisions on your behalf about your property and financial affairs. 
  • A Personal Welfare Lasting Power of Attorney allows you to appoint somebody you trust to make decisions on your behalf in relation to personal healthcare and welfare. 

These documents can be used if you are too ill to make such decisions for yourself or if you are suffering from mental illness.

A Lasting Power of Attorney cannot be used until it has been registered with the Office of the Public Guardian.

Who can make a Lasting Power of Attorney?

You can make a Lasting Power of Attorney providing that you are over the age of 18 years and still have the ability to make your own decisions.

Why might somebody put a Lasting Power of Attorney in place?

  • A Lasting Power of Attorney allows you to choose who you would like to look after your financial affairs and make decisions for you if you become unable to do so in the future.
  • The most common situation in which people decide to put a Lasting Power of Attorney in place is when they have been diagnosed with the early stages of Alzheimer’s disease or Dementia, whereby their capacity is likely to deteriorate over time.
  • If you own a property or other assets you should consider putting a Property and Finance Lasting Power of Attorney in place as an insurance measure for the future.  After all you cannot predict the future. You never know when you may need some assistance in dealing with your affairs.
  • A Lasting Power of Attorney offers peace of mind for the future, knowing that you have appointed somebody to deal with your financial affairs or make welfare decisions on your behalf if necessary.
  • A Lasting Power of Attorney will make things easier for your family members and friends as they are able to deal with your financial affairs quickly or make healthcare decisions on your behalf rather than battling against the institutions.

What happens if you do not have a Lasting Power of Attorney in place?

  • Your family members or friends will not be authorised to assist you with your financial affairs or make decisions in realtion to your healthcare or welfare
  • If you are unable to deal with your affairs and now do not have capacity to put a Lasting Power of Attorney in place, your family will have to apply to the Court of Protection to have somebody appointed by the Court to deal with your financial affairs on your behalf.
  • A Court of Protection application takes away your ability to decide who is to look after your financial affairs.  It is also very expensive and time consuming to set up and your financial affairs will be left in abeyance whilst waiting for the Court Order to be issued.

The Solicitors in our Lifetime Planning Department have a wealth of experience in advising and preparing Lasting Powers of Attorney (and what were previously know as Enduring Powers of Attorney).

We recognise that the issues which need to be faced are very often challenging and emotional and we strive to offer a professional yet informal and caring service.

We appreciate that it is often helpful if clients can be seen in the familiarity and comfort of their own homes and can therefore make home visits if requested.

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