• Let us ensure you are legally and financially protected.

Call us on Colchester (01206) 322763

Lasting Powers of Attorney

A Power of Attorney is a document you can sign which gives someone else the ability to deal with your financial and property affairs. It is advisable to instruct a Solicitor to deal with a Power of Attorney to make sure full advice is given and that it is valid and clear in its wording.

An ordinary Power of Attorney ceases to have effect if the person who grants the Power of Attorney ceases to be mentally competent. For this reason Lasting Powers of Attorney are possible which continue after a person becomes mentally incompetent.

If you decide to make a Lasting Power of Attorney, you can appoint one or more people to act as your attorney(s) and you can also appoint substitute attorneys in case the original attorney(s) is/are unable to do the job any longer. If you want you can also restrict what the attorney(s) can do or when they may start to take over the handling of your affairs.

A Lasting Power of Attorney can't be used until it has been registered at the Office of the Public Guardian. It doesn't have to be registered straight away but has to be registered if the person who granted the Lasting Power of Attorney ceased to be mentally competent. There are provisions designed to try to prevent a person who makes a Lasting Power of Attorney from being taken advantage of one of which is the need to register it before it can be used.

A Lasting Power of Attorney can also be made which gives effect to a person’s wishes about their physical care and personal welfare.

A Lasting Power of Attorney can't be made once a person ceases to be mentally capable therefore it is important to think about making one and doing something about it before this stage is reached because the only other way of handling a person’s financial affairs if they cease to be mentally capable of doing so would be to put the person’s affairs in the hands of the Court of Protection which most people find complicated and difficult and which should be avoided.

Let us ensure you are legally and financially protected. Call us on 01206 322763