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Powers of Attorney

Have you considered who would manage your affairs if you became mentally incapable of handling matters yourself?   The simplest way to ensure that someone of your choice is able to take care of matters on your behalf, if you are unable to do so, is to draw up a Power of Attorney.

The main types of Power of Attorney are:

  • A general Power of Attorney – this allows the appointment of an Attorney to deal with all financial matters whilst the person giving the power remains mentally capable.
  • A Lasting Power of Attorney for property and financial affairs –  this gives the Attorney power to deal with all financial affairs not only whilst the person giving the power remains capable but also after the person loses capacity.  A power of attorney can therefore run concurrently with the person managing some or all of their own affairs which addresses the fact that the loss of capacity and the ability to deal with financial affairs may not happen immediately, but may happen in stages
  • A Lasting Power of Attorney which deals  purely with welfare issues – this does not entitle the Attorney to deal with financial matters.  It instead appoints an attorney to deal solely with welfare issues after a person has lost mental capacity. 
  • Enduring Powers of Attorney – these can no longer be made under the current legislation enduring Powers of Attorney made before October 2007  continue to operate under the previous legislation.

If you are interested in the procedure for dealing with someone’s financial affairs but that person no longer has the required mental capacity to create a Power of Attorney, please visit our page on deputyship and the court of protection.

For more information regarding powers of attorney please contact:

Marie Cooper
E-Mail marie.cooper@spearingwaite.com
Direct Dial 0116 242 1289
Mobile 0797 352 4687
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