General Powers of Attorney
Many people may need to appoint someone to act on their behalf if they are unable to act for a short period of time, for example, someone going on a gap year or travelling abroad on business. During this time you may need someone to be able to manage your financial affairs. By preparing a General Power of Attorney you would be able to allow someone to assist in managing your financial affairs whilst you were away.
Lasting Powers of Attorney – Property and Financial Affairs
The main aim of a Property and Financial Affairs Lasting Power of Attorney is to enable people, whilst they are still mentally capable, to delegate control over part or all of their financial affairs to somebody else. In the event of the onset of mental or physical incapacity, the existence of a Lasting Power of Attorney can be of enormous help to both you and your family in ensuring you can be assisted and cared for as quickly and efficiently as possible. A Lasting Power of Attorney can also be used before the onset of such incapacity. Careful consideration needs to be given as to the powers you delegate and most importantly your choice of an Attorney and we can guide you through these decisions.
In some cases if you have no family to act as an Attorney you can appoint our partners to manage your financial affairs in the event that you become incapacitated.
Personal Welfare Lasting Power of Attorney
A Personal Welfare Lasting Power of Attorney enables you to appoint someone to be consulted over important medical decisions in the event that you are unable to communicate such consent yourself. There are also ways in which you can specify certain restrictions on the nature of your medical treatment in the event of your incapacity. We can guide you through the difficult decisions involved here.
Advance Decisions (Living Wills)
Another option is to prepare an Advance Decision, more commonly known as a Living Will. This sets out the precise situations where you do not wish to be resuscitated or receive certain life-sustaining treatment. When drafted and executed correctly, a Living Will is legally binding on medical practitioners.
The Commission on Assisted Dying released a report in early 2012 on the current legal position in relation to euthanasia and assisted dying to see whether it was fit for purpose. They also set out a proposal on how the legal framework might work should assisted dying become implemented in England and Wales.
This is only a report and it should be remembered that actively taking steps to end someone's life and assisted suicide are illegal and can currently result in a prison sentence of up to 14 years. For more details please click here.
Registration of Enduring/Lasting Powers of Attorney
If an Enduring or Lasting Power of Attorney needs to be registered, we can assist with the registration process. Alternatively, if someone has made an application to register an Enduring Power of Attorney or Lasting Power of Attorney and you do not believe that the registration should continue, we can provide advice and assist in objecting to the registration or applying to remove an Attorney who is acting inappropriately. Likewise if you are applying for registration and an unjustified objection is made we can advise and assist with dealing with that.
If someone does not have the sufficient level of understanding to enter into a Lasting Power of Attorney or Advance Decision an application to the Court of Protection may be necessary. For more details click here.
