Power of Attorney
Family Law solicitors in Cheshire
Have peace of mind knowing that your affairs are in order - Make a Lasting Power of Attorney today to ensure that, in the event of incapacity (illness), a friend or relative can manage your property and financial interests and/or your health and welfare.
We are unable to predict the future and it is much better to plan ahead. At GESols we are dedicated in assisting clients in the planning of their future affairs.
A lasting power of attorney (LPA) is a legal document which allows you to appoint an attorney (a person/people you trust) to deal with your property and finances and/or your health and welfare. You can make an (LPA) at any point during your lifetime providing that you have the necessary ability to understand the document you are creating and its effects.
Without an LPA, should you become incapable of managing your affairs, then it may be necessary to apply to the Court of Protection which can be time consuming, complex and costly.
Have peace of mind that your affairs are in order - contact our specialist team of advisors who can help prepare your Power of Attorney.
Consult with our Family Law solicitors in Cheshire
Lasting Power of Attorney FAQs
A power of attorney is a legal document in which one person, known as the ‘donor’, gives another person, known as the ‘attorney’, the power to act on their behalf and in their name and best interest.
Power of attorney is useful in situations when you’re no longer able to make decisions on your own, or you may choose not to. You’ll need to appoint someone using a formal power of attorney document, as legally your family members don’t automatically have the right to take on this responsibility.
Your family members may have to pay high costs in the instance where you lose capacity without having a power of attorney in place. This is due to them having to go through Court to gain decision-making powers. While this is decided, decisions may be made by others for you that don’t reflect your true wishes.
A lasting power of attorney (LPA) gives the attorney the responsibility and authority to act on behalf of an individual if they lose mental capacity. There are two types:
- Health and welfare - this gives the attorney the right to decide matters such as medical care, accommodation, daily routine, and giving/refusing consent to life-sustaining treatments.
- Property and financial affairs - this gives the attorney the authority to manage bank accounts, deal with benefits and pensions, pay bills, and buy/sell property.
You should base your decision on who you can trust. Who you appoint as a lasting power of attorney could be a friend or family member, providing they are over the age of 18 and have mental capacity to make their own decisions. For financial decisions, it could be a solicitor.
You may wish to appoint multiple people as a lasting power of attorney. They can either work together or separately when making decisions. You can specify who has what responsibilities, and how they must do it.
The responsibilities of a lasting power of attorney (LPA) include making decisions on behalf of the person who granted them the power, when that person is unable to do so themselves. Depending on the type of LPA, you may have the power to handle financial affairs, make health and welfare decisions, or both. The person who has been appointed LPA powers is obligated to act in the best interests of the donor. They must consider their preferences and wishes wherever possible. It’s crucial for those appointed to keep accurate records and stay within the legal framework outlined in the LPA.
- The buying and selling of your property.
- Paying your bills, including your mortgage.
- Making property or monetary gifts on your behalf.
- Where you live and the type of medical care you receive if you’ve lost the mental capacity to decide for yourself.
- Making decisions for you about potentially life-saving treatment.
While the law already sets out certain things that the attorney can’t do, you can also specify the types of decisions they can and can’t make on your behalf.
The law states that attorneys can’t make a large financial gift or donation on your behalf, and the individual with LPA powers shouldn’t mix their finances with yours. They also can’t make a change to your Will without a specific order from the Court of Protection.