Family Law Guide

Guide to powers of attorney

Guide to powers of attorney

If you become incapable of managing your affairs during your life even for a short period, you need to have signed a power of attorney appointing someone you trust in your place. You can put a simple power in place for short periods, but the best way to ensure your affairs are managed under the guidance of the law is to register a lasting power of attorney form with the court of protection.

Why make a Lasting Power of Attorney (LPA)?

a) You can choose your preferred people to make financial decisions on your behalf in the event that you become mentally or physically incapable of making decisions yourself.

b) You can document your wishes for future healthcare and treatment.

c) It avoids your family having to make an expensive and time consuming Court of protection application.

Registration of LPAs and Enduring Powers of Attorney (EPAs)

We can also register LPAs and EPAs for the person making the power of attorney or for attorneys in the event that the person has lost mental capacity and they wish to act on his/her behalf.

What should I do if a family member or friend has lost mental capacity and does not have an LPA or EPA?

We can prepare an application to the Court of Protection for a deputyship to enable you or other person(s) to be appointed to act on his/her behalf in relation to his/her financial/property affairs and/or health and welfare matters.

We can also advise and act for you in the administration of a deputyship or attorneyship, including advising as to the responsibilities and duties of the person(s) appointed.

Court of Protection work and associated administration

We can also act for you in other Court of Protection matters where it is possible an individual has lost mental capacity:-

a) Approval of gifts of a person’s property (e.g. to save inheritance tax);

b) Statutory wills (i.e. making or changing a person’s will);

c) Removal of a trustee, attorney or deputy;

d) Appointment of new trustees of land to sell the person’s property;

e) Health and welfare cases.

If you are interested in discussing powers of attorney please see How Vardags can help with powers of attorney.