Powers of Attorney allow you to appoint a named individual (or individuals) to act on your behalf. There are various types of powers of attorney including:
- Ordinary Powers of Attorney
- Enduring Powers of Attorney
- Lasting Powers of Attorney (Property and Financial Affairs)
- Lasting Powers of Attorney (Health and Welfare)
We can advise donors and attorneys on any aspects of powers of attorney, including:
- Making a Power of Attorney
- Acting as Certificate Provider
- Acting as Attorney
- Registering a Power of Attorney
- Revoking and amending a Power of Attorney
Ordinary powers of attorney
Allow you to appoint someone to deal with a particular situation (e.g. the sale of your house while you are abroad). It ceases should you lose capacity to deal with your affairs.
“Enduring” powers of attorney
Can no longer be made however existing documents can still be used.
“Property and financial affairs” lasting power of attorney
Allow you to appoint someone to deal with your property and finances. This bespoke document allows you to state what the document can be used for and in what circumstances. This power of attorney can be used once it has been registered, even if you still have the capacity to make decisions yourself.
“Health and welfare” lasting powers of attorney
Allow you appoint someone to make welfare and health care decisions on your behalf, but only when you lack the mental capacity to make those decisions yourself. These can include decisions regarding your day to day care and medical treatment.
Powers of Attorney can only be made while you have capacity to understand the documents and the implications of making them. If someone you know no longer has capacity to make a Power of Attorney we can help you to apply to the Court of Protection to be appointed to act on their behalf.
Estate planning is an exercise which requires both expert legal skills and a close knowledge of the client's family and business arrangements. For this reason, we take the time to get to know our clients, to understand the issues that matter to them and to work closely with them in planning for their and their family's futures.
If you would like to know more about Powers of Attorney, please contact Kerry Young by emailing kerry.young@dmhstallard.com or by calling her on 01293 605074. Alternatively please speak to Cristina Reynolds by emailing cris.reynolds@dmhstallard.com or by calling her on 01273 329833, or speak to your usual contact in the Private Client Team.
