Powers of Attorney

There are a number of circumstances in which it might be useful, or indeed essential, to enter into a Lasting Power of Attorney. These include:

1. Anticipation of possible future loss of mental capacity
2. Desire to make clear one’s wishes with regard to medical intervention in the event of resuscitation being required
3. Anticipation of significant absence from home for hospital treatment, on holiday or on business

A Lasting Power appoints a deputy or deputies to stand in your shoes in making key decisions about your financial affairs or welfare. It follows that your deputy should be someone you trust implicitly, and who can be relied upon to act in your best interests. People typically appoint close family members or trusted professional advisors as their deputy.

There are two types of Lasting Power. The first gives authority to deal with financial issues to your chosen deputy or deputies, and the second gives authority to deal with issues relating to your care. It is possible to enter into either or both of these types of Power, but in somewhat different circumstances. A financial Power can come into effect whilst you still have mental capacity, and might be used as a matter of convenience (as in 3 above) as well as a safeguard against future incapacity. A care Power can only come into effect once you have lost mental capacity, an example being 2 above, where you would desire your loved ones to know your wishes with regard to resuscitation and to have authority to act upon them.

Given that Powers of Attorney take several weeks to go through the registration process, it pays to plan ahead when you think you might need one in place in particular circumstances. We have trusted associates who are able to take instruction for and draft Powers of Attorney in all circumstances, so if you think you may need to put a Power in place, or just wish to know more about them, please contact Sharon Nash