Power of Attorney

A Power of Attorney is a tool which allows an individual to grant another person of his choosing, whether it be a family member, trusted friend or solicitor, the power to look after their interests and affairs. The powers granted are specific and bespoke in accordance with each person’s needs and so cannot be misused or taken advantage of.

Powers which may be granted:

  1. Power to manage finances/property.
  2. Power to make decisions in regards to personal welfare. Note – these powers can only be exercised when the person is determined as lacking the ability to make the decisions for themselves.

Either one or both of these powers may be granted under one document.

Examples of when a Power of Attorney may be beneficial:

  1. An elderly individual may wish to appoint a loved one or a trusted friend with the power to make decisions regarding their personal welfare before their mental state deteriorates.
  2. An individual who may eventually lose the ability to make welfare decisions as result of mental health issues or illness.

Powers of Attorney are flexible and may be given temporarily or on a long term basis according to the person’s needs.

Guardianships

When a person cannot manage their affairs because they are deemed incapable of doing so and a Power of Attorney has not been put in place it is often necessary for a relative or third party to apply to the court for a Guardianship Order. This often happens because a person is elderly, has dementia or has suffered a stroke which leaves them unable to deal with their own affairs. It can also apply when a child has a mental incapacity and attains 16 years old.

A guardianship order is a court order to ensure the person is properly protected. The appointment process involves obtaining medical reports to ensure that the person is unable to manage their own affairs and reports from a social worker in relation the suitability of the proposed Guardian.

A Guardianship order usually appoints a family member, accountant or solicitor  who becomes responsible for the adult’s affairs both welfare and or financial.

Legal aid can be available if the application relates to an adult’s welfare.

We can provide advice and guide you through the process please get in touch here or call  01333 429007