Probate | Lasting Powers of Attorney | Enduring Powers of Attorney

 

Lasting Powers of Attorney

Sometimes as we get older, our ability to manage our own money and affairs decreases. Whether this is caused by illness, disability or accident, there are a number of practical steps that you can take to prepare for such a situation.

A power of attorney is a legal document giving someone the power to manage your financial affairs on your behalf. An ordinary power of attorney comes to an end if you become mentally incapable of your financial affairs, and so is of no use in situations where you start to suffer from conditions which affect your mental capacity.

A lasting power of attorney continues even after you have become unable to manage your affairs. By making a lasting power of attorney, you can nominate a close family member or friend as your attorney. This attorney is then able to deal with matters on your behalf should ever become mentally incapable. Lasting powers of attorney give you peace of mind by giving you the ability to choose in advance someone you completely trust to deal with everything in your best interests, should you no longer be able to do so.

For a lasting power of attorney to be valid, you must fully understand the implications of the arrangement at the time of making it, and a certificate provider such as your G.P. must certify that they believe this to be the case. It is therefore vital that you make arrangements for your lasting power of attorney whilst you are still fully mentally capable.

Sadly, once mental illness has set in, it is sometimes not possible to make a lasting power of attorney. This can leave family members and the person themselves in an extremely difficult situation where nobody is able to look after the assets and even simple matters such as paying utilities bills can become problematic.

We would urge you to consider putting protection in place sooner rather than later to avoid unnecessary stress and anxiety in the future.

If you would like to discuss matters further with us, please telephone us on 01785 259211 and we will be more than happy to help.

Contact:

Henry Hutsby – hhutsby@hutsbymees.co.uk

Sally Inston – sinston@hutsbymees.co.uk

Karen Fletcher – Clerk