Appointing a Lasting Power of Attorney is the process whereby you are allocating someone the responsibility and authority to make decisions on your behalf should you find yourself in a diminished state of mental and physical ability. In the event of this happening and no Lasting Power of Attorney is recorded as being registered, the Court of Protection will appoint who they deem most suitable, which may cause unnecessary conflict and does not ensure your wishes are communicated exactly as you would want them.
A Lasting Power of Attorney can be appointed to manage key aspects of your well- being: health and welfare, and financial and property. The same person can be given responsibility for both or you can appoint two people to each take a role if you feel that would be more suitable. Where business arrangements are required to be addressed, you can incorporate this in one of the previously mentioned remits, or have an entirely separate business power of attorney included.
It is important to be aware that there are a very specific set of criteria that must be met in order for powers of attorney to be implemented. There are stringent checks constantly in place to prevent any abuse of this power whether deliberate or otherwise.
Our expert Wills & Probate lawyers are able to assist you with preparation of:
- a property and financial affairs lasting power of attorney;
- a health and welfare lasting power of attorney, accompanied by an advanced decision directing whether life sustaining treatment should be given; and
- a business power of attorney.
We can also help with applications to the Court of Protection:
- for the appointment of a deputy in cases where a loved one loses mental capacity before a lasting power of attorney can be made;
- to resolve issues on which attorneys or deputies may disagree; and
- to seek permission to take steps, or to make decisions, not covered by a lasting power of attorney or deputyship order.
Additionally if you feel it the most appropriate nomination, we can act as an attorney or a deputy on your behalf.
Advising families throughout Kent and beyond
We can also offer meetings at your home, in hospital or in a care facility, and in exceptional circumstances a telephone appointment can be arranged via skype.
How much does it cost?
We offer a free initial 30-minute appointment to discuss your requirements. After that we can agree funding arrangements to suit your budget. For some cases involving the Court of Protection legal aid may be available.
Get in touch
Call us on 01732 353305 if you need our help. Alternatively, please complete our Contact Us form and we will be in touch as soon as possible.