Lasting Powers of Attorney
Making a Lasting Power of Attorney is important as it ensures that somebody you trust has authority to deal with your property and financial affairs as well as your health and welfare should you lose capacity to make those decisions yourself.
A Lasting Power of Attorney is a document where you give one or more people authority to make decisions on your behalf.
There are two types of Lasting Powers of Attorney:-
• Property and Financial Affairs Lasting Power of Attorney – this allows you to choose one or more Attorneys to look after your finances and it is possible to limit their authority to deal with certain assets including investing your money, buying or selling property and paying bills.
• Health and Welfare Lasting Power of Attorney – this allows one or more Attorneys to make health and welfare care decisions on your behalf. Your Attorney(s) can only act when you lack capacity to make such decisions for yourself such as where you live, what you eat, whether to consent to certain types of medical treatment and giving or refusing consent to life sustaining treatment.
Capacity can be lost at any age through accidents, mental health problems, neuro disability, dementia, alcohol, strokes or comas and we therefore believe that everybody should consider making a Lasting Power of Attorney.
Court of Protection
A Deputyship Order provides authority to a Deputy to make financial or welfare decisions for a loved one who no longer has the mental capacity to make decisions on their own and does not have a valid Lasting Power of Attorney in place. It is the duty of a Deputy to always act in the best interests of the incapacitated person, making sure that all decisions made are for their benefit.
Salehs can assist with the application to the Court of Protection to legally become a Deputy if you are the person’s spouse, partner, child, close relative or close friend. There can be more than one deputy, and in such cases the court may order you to make decisions jointly.
We can also assist with specific applications to the Court of Protection, for example the sale of property or preparation of Statutory Wills.
If you need any further information please contact our Wills, Trusts and Probate team on
0161 434 9991