What is a Power of Attorney?
A Power of Attorney is a document that outlines the decisions you would like your nominated Attorney to make on your behalf, if you were to lose mental capacity in the future.
Power of Attorney (previously known as Enduring Power of Attorney) is also called a Lasting Power of Attorney.
There are two types of Lasting Power of Attorney:
- Health and welfare Lasting Power of Attorney
- Property and financial affairs Lasting Power of Attorney
You can learn more about making a Lasting Power of Attorney here
You can only make a Lasting Power of Attorney whilst you have mental capacity. If someone lacks mental capacity, but doesn’t have a Lasting Power of Attorney in place, then a friend or relative can apply to the Court of Protection to apply to become a Deputy to make decisions on their behalf.
How Clarke Willmott can help
Drafting a Lasting Power of Attorney
There are a number of steps that must be carried out in order to create a valid Power of Attorney. We can guide you through the process and help you draw up a Power of Attorney document that accurately reflects your wishes.
- Helping you understand the different types of powers that can be given to Attorneys through a Power of Attorney
- Advising you on how best to structure your Power of Attorney document
- Helping you understand to choose the right Attorney(s) for you
- Drafting the Power of Attorney document
- Certifying the Power of Attorney document, to confirm that you have understood what your Power of Attorney entails
- Helping your nominated Attorney(s) complete their paperwork – confirming they are willing to act for you
- Registering your Power of Attorney with the Office of the Public Guardian
You can learn more about writing a Lasting Power of Attorney here.
Support for Attorneys
We can also support those acting as Attorneys for friends or relatives, including;
- Advising on what an Attorney can and cannot do
- Advising on how to deal with disputes with friends or relatives concerning the Power of Attorney
- Supporting the Attorney to prepare financial accounts
- Supporting the Attorney to apply for additional powers through the Court of Protection
Professional Attorney services
We can act as a Professional Attorney through our trust corporation, Clarke Willmott Trust Corporation Limited. When you are appointing Attorneys it is worth considering whether to appoint a trust corporation instead of, or as a replacement for an Attorney. This can avoid the costs and inconvenience of replacing an Attorney if they fall ill or die.
Additional advantages for using a Professional Attorney are the trust corporation’s expertise in handling Powers of Attorney and their ability to respond quickly.
- Lasting Power of Attorney
- Wills, Trusts, Probate and estates
- Living Wills and Advance Decisions
- Court of Protection – managing the affairs of someone without mental capacity
- Factsheet: Lasting Power of Attorney – an overview
- Factsheet: Lasting Power of Attorney or Deputy – making the right choice
- Factsheet: Capacity to make a Lasting Power of Attorney
- Factsheet: Appointing an Attorney – decision flowchart
- Factsheet: What an Attorney can and cannot do
- Factsheet: Accounts for Attorneys – under a Property and Affairs Lasting Power of Attorney or Enduring Power of Attorney
- Factsheet: Incapacity and business owners
- Elderly Care and Court of Protection blog – for news and articles
- Wealth, Health and Inheritance Briefing – view the latest edition and sign up for regular updates
Contact a Power of Attorney solicitor
For advice about writing a Power of Attorney of acting as an Attorney for someone else, call our specialist team now on 0800 652 8025 or contact us online. We have seven offices based across the country in London, Southampton, Manchester, Cardiff, Taunton, Birmingham and Bristol.