Powers of attorney are legal documents appointing someone (the attorney) to act on your behalf. This can be for a specific transaction, like selling or purchasing your home, or to deal with all your affairs.
Lasting powers of attorney are legal documents which need to be registered before the attorney can act. Here authority is given to the attorney when you are no longer able to make your own decisions, perhaps as a result of an accident or health problems. Separate lasting powers of attorney cover both property & affairs and health & welfare.
No one will be able to immediately deal with your property and affairs if you become mentally incapable of doing so. Instead a lengthy and expensive procedure will have to be followed to put a deputy in place who can then act on your behalf. You will have no choice as to who this deputy is and your assets will be frozen until they are appointed. If you run your own business this means that wages cannot be paid or your contracts completed.
Yes. You can appoint anyone you wish as long as they are over 18 and not bankrupt or an undischarged bankrupt. You can choose as many attorneys as you want and have them either agreeing all decisions or some acting alone. You can also appoint attorneys separately to deal with specific parts of your affairs.
Yes you can. In some circumstances this would be advisable. For example, if you have a business to keep running or a complicated portfolio of shares, you may want an expert to deal with these matters whilst appointing other attorneys to deal with day to day matters.
These were the predecessors of lasting powers of attorney. Lasting powers of attorney replaced them in October 2007. However, anyone who had an enduring power of attorney completed before this time can still use it.
We understand it is not always easy to come to us. That is why our lawyers offer the Home Visit Service to clients who would like to discuss issues such as making a Will, creating Trusts, Lasting Powers of Attorney or, discussing the administration of a deceased person’s estate (Probate).
We can visit clients in a hospital, hospice, care home or nursing home to help sort out their affairs and can make out of hours appointments by arrangement.
If you would prefer to deal with your legal affairs at home or otherwise out of the office please contact us on 01752 668246 to arrange a visit.
If you are looking for a power of attorney solicitor in Plymouth, Plympton, Plymstock and the surrounding area, choose the Plymouth power of attorney solicitors, Gard & Co. Solicitors.