Powers of Attorney & Court of Protection

Powers of Attorney Hornchurch

A Power of Attorney is a document that authorises someone to act on your behalf.  It is not nice to think about aging and the possibility of not being as fit and able as we are now, but if in the future you become unwell or lack capacity to be able to manage your financial affairs then a power of attorney can be an invaluable document, easing any burden on your loved ones at an already stressful time. 

Generally, a client will require a Lasting Power of Attorney, as they can come into effect now and then continue to be effective even if you do lack capacity, they have no expiration date and will only end if you choose to revoke authority or if you pass away.  

Lasting Powers of Attorney cover two aspects:

1. Property and Financial Affairs: allows someone to pay bills on your behalf, manage your bank accounts and even sell your home. 
2. Health and Care decisions: allows someone to make medical decisions on your behalf when you are unable to make those decisions for yourself.  

Anyone can set up a Lasting Power of Attorney – the only criteria being that you are aged over 18 years old and have capacity to be able to give instructions and understand the effect of the document. 

What happens if I have a relative or help someone that doesn’t have capacity to give instructions?  In these cases we would urge you to contact us for advice, but it is likely that an application to the Court of Protection will be required.

Court of Protection

If a person lacks capacity to be able to give instructions for a Lasting Power of Attorney then an application to the Court of Protection can be made for the Court to appoint someone to be able to manage that person’s financial affairs.  This is called a Deputyship Order and will give the appointed Deputy a range of powers to manage the assets of the person that lacks capacity.

Generally a Deputyship Order will only cover financial affairs;  there is not a broad-based Order to cover health decisions in the same way – although it is possible to make an application to the Court for a situation specific Order relating to a health or medical decision.    

Please see the Links below for further information, to meet our Private Client team or to contact us to make an appointment to discuss your requirements further.