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At Browell Smith & Co Solicitors we understand a loss of mental or physical capacity can occur at any time and cause difficult circumstances for our clients as well as their family and friends. The Mental Capacity Act 2005 deals with the appointment of attorneys by individuals.
A Lasting Power of Attorney allows you to delegate authority for financial and/or welfare decisions and legal decisions to one or more people who you trust known as attorneys. You can decide when your attorneys can act, you can provide them with specific guidance and you can restrict them to when they can act.
No one can guarantee that they will always be able, physically or mentally, to manage their own financial affairs. For example, if you are out of the country for extended periods, or in hospital, you may not be able to sign important documents in person. The Lasting Power of Attorney can give your attorneys authority to deal with these matters on your behalf.
Mental incapacity can arise at any time. If it happens, a Lasting Power of Attorney remains valid, provided that it has been registered at the Office of the Public Guardian.
Contact our expert team today to arrange a free initial consultation at any of our offices, in Newcastle, Cramlington, Ashington, and Sunderland, or alternatively at your home, place of business, hospital, or care home to discuss your particular requirements.
t: 0191 691 3417
Lasting Powers of Attorney can only be drawn up by someone who is mentally capable of doing so. Sometimes accidents or ill health mean that’s no longer possible.
If there is an Enduring or Lasting Power of Attorney already in place, then the Attorney can take over managing the relevant affairs of the person who no longer has the capacity, provided that the Power of Attorney is registered at the Office of the Public Guardian.
If there is no Power of Attorney, then someone, often a family member will have to apply to the Court of Protection to be appointed as the “Deputy” for the person who has lost capacity, known as the “Protected Person”.
This is quite a long and quite complicated process which can be expensive. It is therefore important to consider making a Lasting Power of Attorney whilst you have the mental capacity to do so. If however, you do not have mental capacity then please see our Court of Protection service. We would advise all clients to consider preparing one or both types of Lasting Power of Attorney to ensure you have appointed someone to manage your affairs if you lose mental capacity.
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