There are several different types of Power of Attorney, from an Ordinary Power of Attorney that can allow someone to act on your behalf for a limited time, or in relation to limited matters, such as selling a property for you whilst you are abroad, to Lasting Powers of Attorney, that give people you trust the legal authority to make decisions on your behalf should you become unable to do so yourself, for example, as a result of a stroke.
There are two different types of Lasting Power of Attorney – one allowing the people you appoint as your attorneys to manage your property and financial affairs, known as a Lasting Power of Attorney for financial decisions. The other allows your chosen attorneys to make decisions in relation to your health and welfare matters, including the power of consent to or refuse life sustaining treatment, and is known as the Lasting Power of Attorney for health and care decisions. Please have a look at our Guide to Lasting Powers of Attorney for further information.
A Lasting Power of Attorney will give you peace of mind that your affairs can be looked after if you become unable to manage these yourself, and by the people you have chosen, allowing you to retain control.
If you have an old Enduring Power of Attorney, this will remain valid provided that you are happy with its provision, although this only covers your property and financial affairs. If you want to make any amendments, you will need to sign a new Lasting Power of Attorney for property and financial affairs. Should you wish to appoint someone to make health and welfare decision for you, you will need to sign a Lasting Power of Attorney for health and care decisions.
If you do not have a Lasting Power of Attorney or Enduring Power of Attorney in place and you or a loved one becomes unable to manage their affairs, an application will need to be made to the Court of Protection for a Deputy to be appointed to make decisions on their behalf. This is a very involved, lengthy and costly process.
We provide a fixed-fee service for the preparation of Powers of Attorney. To speak to a member of our expert Wills and Probate team about putting Powers of Attorney in place or to discuss an existing Lasting Power of Attorney or Enduring Power of Attorney call 0191 281 6151 or email Louise Miller, Partner and Head of Wills and Probate on firstname.lastname@example.org
Sorting out your affairs may seem daunting but our understanding team is here to help. Contact:
Partner, Wills and Probate
T: 0191 212 email@example.com