With an ageing population many people are now confronted with a situation in which an elderly parent or relative is no longer able to manage their affairs by themselves, whether due to reasons of physical frailty or mental incapacity. This can put children or relatives in the difficult position of having to cope with the family member’s condition, but also the difficult prospect of having to take control of their financial and other affairs.
The good news is that the process can be straightforward if steps are taken in advance. The simplest way to do this is to arrange a Power of Attorney appointing someone else to act on your behalf in these circumstances.
There are several types of Power of Attorney but only a Lasting Power of Attorney (like its predecessor, the Enduring Power of Attorney), is still effective after the donor has lost mental capacity.
There are two forms of Lasting Powers of Attorney dealing respectively with Property and Affairs and Personal Welfare. These are extremely flexible documents that can be tailored to suit your specific circumstances. Both must be registered with the Office of the Public Guardian before they can be used.
If a person does not take steps in advance then the consequences are daunting should mental incapacity occur. An application has to be made to the Court of Protection who will then appoint a Deputy with a range of powers to act on behalf of a person. Not only does the Court of Protection charge fees for this supervision, but they may not have the ability to manage your affairs in the way you would want.
Capron and Helliwell can advise you on the most appropriate form of Power of Attorney and deal with the Office of the Public Guardian and the Court of Protection.
To make an appointment to discuss lasting powers of attorney, please call us today.
If you are searching for lasting power of attorney solicitors
or the surrounding area, Capron & Helliwell can assist you.
If you are interested in our services for lasting powers of attorney and deputyships, you may also be interested in making a will
Capron and Helliwell Solicitors offer a full range of legal services including lasting powers of attorney and have offices at Stalham and Wroxham near Norwich and North Walsham, Norfolk.
See our fees.