This is such an important area and greatly misunderstood by the majority of people. We believe that appointing a power of attorney is just as important as making a Will.
The biggest misunderstanding about a power of attorney is without doubt the fact that the majority of people believe that because they are married or have a civil partner this person can automatically take over the affairs of their spouse or civil partner should they lose capacity to make their own decisions for themselves. This is simply not the case and without Lasting Powers of Attorney in place there are some very unpleasant cases involving families who have had much pain and expense over this situation.
Put simply if your spouse or civil partner has an accident at work or in the car or suffers a stroke or perhaps has the onset of dementia and no longer has the capacity to look after his or her own affairs then the court of protection will be involved in appointing a deputy to look after the affairs of that person, taking away that ability from the spouse or civil partner and family.
Should this happen the deputy will take control of bill paying and bank accounts and any on-going health issues and their needs instead of the family member and on each anniversary will produce a statement showing the costs that have to be paid for the work carried out.
Now this can all be avoided if a Lasting Power of Attorney had been set up when the person had capacity. Once completed and signed by the relevant parties, you have a choice to store the documents safely and only register them with the Office of Public Guardian should they ever be required to be registered as there is a fee to pay to the OPG, or register them straight away.
They can be registered by the Donor (the person giving the authority) or the Attorney (the person receiving the authority) however please remember that once a person has lost capacity it is too late to complete a Lasting Power of Attorney.
We have considerable experience in this area and we are able to offer a very competitive quality service for completing Lasting Power of Attorney on your behalf. Everyone should have these in place not just the elderly. If you have a business then a Lasting Power of Attorney is essential.
We offer a unique service in that we can help guide you through the stages of these important documents and can give you a tailor made service depending on how much you would like us to do, which we believe is unique. We also have an understanding of the mental capacity act of 2005 and how this impacts on both the donor and the Attorneys.
To discuss out Lasting Power services please call us on 0115 896 7471 or 0800 689 0923