Powers of Attorney
We advise on Powers of Attorney and Public Guardianship / Court of Protection matters.
If you wish to appoint a person or persons to have the legal authority to make decisions on your behalf concerning your property and affairs, particularly should you become mentally unable to manage your own affairs, then we can assist you in the preparation and registration of a Property and Affairs Lasting Power of Attorney (LPA).
You may also wish to consider a Personal Welfare Lasting Power of Attorney which allows you to choose a person or persons to make decisions about your personal healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf.
Please contact our Maggie Kerrigan on 01702 349971 or by email at ckb@chennellssolicitors.co.uk who will be pleased to discuss matters with you.
If you wish to appoint a person or persons to have the legal authority to make decisions on your behalf concerning your property and affairs, particularly should you become mentally unable to manage your own affairs, then we can assist you in the preparation and registration of a Property and Affairs Lasting Power of Attorney (LPA).
You may also wish to consider a Personal Welfare Lasting Power of Attorney which allows you to choose a person or persons to make decisions about your personal healthcare and welfare. This includes decisions to refuse or consent to treatment on your behalf.
Please contact our Maggie Kerrigan on 01702 349971 or by email at ckb@chennellssolicitors.co.uk who will be pleased to discuss matters with you.
What if I have an Enduring Power of Attorney?
If you have an Enduring Power of Attorney (EPA), you cannot make any changes to it or make a new one. You may be able to cancel it but you should take advice before doing anything.
However if you have an unregistered EPA, it can still be used and the Attorney will still need to register it with the Office of the Public Guardian if they have reason to believe you are, or are becoming, mentally incapable to deal with your affairs.
It is possible to replace an unregistered EPA with a LPA.
A Power of Attorney will not be valid should you become mentally unable to deal with your affairs and if you wish your Attorney to be able to act on your behalf if you lose the capacity to deal with your own affairs then you should have a Lasting Power of Attorney prepared.
Public Guardianship Applications
However if you have an unregistered EPA, it can still be used and the Attorney will still need to register it with the Office of the Public Guardian if they have reason to believe you are, or are becoming, mentally incapable to deal with your affairs.
It is possible to replace an unregistered EPA with a LPA.
General Power of Attorney
If you are going abroad or are unable to deal with your affairs for some other reason and wish someone else to have the authority to manage or deal with your financial affairs then we can advise and arrange a Power of Attorney for the specified period or event (provided you have the mental capacity to give such authority).A Power of Attorney will not be valid should you become mentally unable to deal with your affairs and if you wish your Attorney to be able to act on your behalf if you lose the capacity to deal with your own affairs then you should have a Lasting Power of Attorney prepared.
Public Guardianship Applications
If you want to assist someone who has already lost the capacity to deal with their own affairs and a valid EPA or LPA is not in place, then you may need to make an application to the Court of Protection. Please contact us and we can discuss this with you.
Useful Links
Court of Protection