Power of Attorney and Court of Protection

Power of Attorney

Following the changes to the making of a Power of Attorney on 1st October 2007 you may be daunted by the prospect of either giving a Power of Attorney or becoming an Attorney yourself.

Making a Power of Attorney allows you to plan ahead and make decisions about your finances and health. Powers of Attorney are where one person gives another power to handle their affairs or their future welfare because it is thought at some stage they will not be able to control matters themselves, or wish to.

It is possible to make a Power of Attorney in advance in case a future event happens.

The document will not have legal effect until registered at the Office of the Public Guardian.

It is now necessary to decide whether your power of Attorney is to be for Property and Affairs or Health and Welfare, or possible both but each are separate Powers of Attorney.

A Power relating to Property and Affairs enables someone else to deal with your money, bills and other assets including your house and land unless you chose to restrict the power which of course you can do. A power relating to Health and Welfare enables you to give authority to someone to make decisions as to operations you may need, medical care you should have or even a residential or nursing home placement if you are not able at that time to make such decisions yourself.

Court of Protection/Office of the Public Guardian

We have long experience in dealing with the Office of the Public Guardian in respect of acting as Deputy.

It may be that someone is losing capacity to deal with their affairs, mental or otherwise, and in that event an application can be made to the Office of the Public Guardian to appoint someone as their Deputy (formerly called Receiver) and this gives them power to deal with all matters on that persons behalf, as defined in the order that the court makes.

The person that applies may be either a relative, or a professional, be it a Social Worker or Solicitor.

We presently act as Deputy in a number of cases for current clients