We advise on Powers of Attorney and Public Guardianship / Court of Protection matters.
If you wish to appoint a person or persons to have the legal authority to make decisions on your behalf concerning your property and affairs with such authority continuing should you become mentally unable to manage your own affairs, then we can assist you in the preparation and registration of a Property and Affairs Lasting Power of Attorney (LPA).
You may also wish to consider a Personal Welfare Lasting Power of Attorney which allows you to choose a person or persons to make decisions about your personal healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf.
What if I have an Enduring Power of Attorney?
Lasting Powers of Attorney have replaced Enduring Powers of Attorney (EPA) and it is no longer possible to create an Enduring Power of Attorney. However, if you already have a valid Enduring Power of Attorney it will continue to be valid. You may be able to cancel the Enduring Power of Attorney but you should take advice before doing anything.
It is possible to replace an Enduring Power of Attorney with a Lasting Power of Attorney and please contact our Powers of Attorney solicitor Maggie Kerrigan if you wish to discuss this.
General Power of Attorney
There may be times when you wish to give someone else the authority to deal with a specific matter for you (for example, the sale of a house here if you are abroad), or to manage your affairs generally (for example, if you had to go into hospital) but you may not wish the authority to continue beyond a certain event/period.
Provided you have mental capacity we could advise and assist you with regard to the preparation of a General Power of Attorney. Such a power given to an attorney would not continue beyond the event/period specified and in any event would not continue should you lose the mental capacity to deal with your own affairs.
Application to Court of Protection
If you want to assist someone who has already lost the capacity to deal with their own affairs and a valid Enduring Power of Attorney or Lasting Power of Attorney is not in place, then you may need to make an application to the Court of Protection and we can assist you in that regard.