Powers Of Attorney
Sometimes it may be necessary or convenient for someone else to be able to sign documents on your behalf. If you just wish someone else to be able to sign your cheques, you can obtain a mandate form from your bank but, if a more general authority is needed or you wish that person to be able to sell your house or shares, a document called a ‘power of attorney’ is needed.
There are various different types of powers of attorney, and Windeatts can provide advice tailored to your particular needs. In particular we can advise upon:
- General Power of Attorney - a short form of power of attorney that enables the named attorney(s) to perform any legal function that you could exercise in your own right. It will be cancelled automatically if you later become mentally incapable of managing your affairs.
- Lasting Power of Attorney over Property and Affairs – A longer form power of attorney that enables the named attorney(s) to perform any legal function that you could exercise in your own right, but in this case conditions and restrictions can be introduced. It has to be registered with the Office of the Public Guardian before it can be used, but its special value is that it continues to be effective even if you subsequently become mentally incapable.
- Lasting Power of Attorney over Personal Welfare – This is a very different sort of document, as it gives your attorney(s) the ability to make decisions on your behalf regarding medical treatment and personal care if you lack the mental capacity to make the decisions yourself. It is subject to the same procedural requirements and is in a similar format to the Property and Affairs power.
- Trustee Power of Attorney - If you are an executor or a trustee and are unavailable to sign documents concerning the estate or trust, you may execute a Trustee Power of Attorney allowing someone else to act for you (subject to certain limitations). It will be cancelled automatically if you later become mentally incapable of managing your affairs.
- Special Power of Attorney - A Power of Attorney may be specially prepared saying exactly what the attorney(s) may do. Again it will be cancelled automatically if you later become mentally incapable of managing your affairs.
- Court of Protection Deputies – If there is no Lasting Power of Attorney in place, the family of a person who loses the mental capacity to look after his or her own affairs may be faced with having to apply to the Court of Protection in order to be appointed ‘Deputy’ to manage that person’s affairs. These sorts of application can be complicated and involve a lot of paperwork.
Windeatts also advise upon a range of issues of particular interest to elderly clients and their families, for example the responsibility to pay for long term care.
Contact Chris Kendall.