Powers of Attorney
Lasting Powers of Attorney and Court of Protection
Many problems which occur as a result of a breakdown of mental health or general incapacity can be avoided by making a Lasting Power of Attorney which, is a legal document where a person gives another person or persons (the attorney) authority to make certain decisions on his behalf, whether they retain mental capacity throughout their life or not. We can also advise on the registration of an Enduring Power of Attorney made before October 2007.
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There are two types of Lasting Powers of Attorney
- A property and affairs LPA, which allows your attorney authority to deal with your property and finances, as you specify
- A welfare LPA, which allows your attorney to make welfare and health care decisions on your behalf, only when you lack mental capacity to do so yourself. This could also extend, if you wish, to giving or refusing consent to the continuation of life sustaining treatment
Where such a step has not been taken, we can assist in making an application to the Court of Protection to appoint a family member, or if none is suitable, ourselves, to act as a Deputy under the Mental Health Act. We can also advise on other applications to the Court, perhaps to save Inheritance Tax; the signing of a Statutory Will or Codicil, or where a vulnerable elderly person is involved.
You will only be seen by a solicitor who is a member of Solicitors for the Elderly which is an association of lawyers who specialise in legal services for older people and their carers. Members of SFE have a wealth of experience within this key legal area and they are required to have spent a substantial amount of time working for elderly clients. The aim of this national association is to improve the knowledge and service provided on legal issues including, tax planning, wills, lasting powers of attorney, long-term social and health care and other retirement issues.
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