Powers of Attorney

We take decision-making for granted. Every decision we make every day - from the largest to the most insignificant - shapes who we are and what we do.

Imagine if you could no longer make decisions for yourself. Who would then decide, for example, where you live, what medical treatment you receive, what clothes you wear, who has contact with you, how your money is spent and invested?

For most clients, the solution is to select who they would want to make those decisions for them and then appoint those individuals by power of attorney.

Partners in the firm are regularly appointed by clients to act as attorneys for them.

We take decision-making for granted. Every decision we make every day - from the largest to the most insignificant - shapes who we are and what we do.

Imagine if you could no longer make decisions for yourself. Who would then decide, for example, where you live, what medical treatment you receive, what clothes you wear, who has contact with you, how your money is spent and invested?

For most clients, the solution is to select who they would want to make those decisions for them and then appoint those individuals by power of attorney.

Partners in the firm are regularly appointed by clients to act as attorneys for them.

Enduring powers of attorney

We advise clients on drawing up enduring powers of attorney to deal with financial matters. These are special powers of attorney brought in by statute in 1985. Day in and day out these documents prove invaluable in helping mange the affairs of those who are mentally incapable, by reason of illness or accident

We also advise attorneys acting under enduring powers of attorney on their powers and duties.

We advises on the registration of enduring powers of attorney with the Public Guardianship Office once the client has become mentally incapable, and in connection with disputes arising about enduring powers of attorney and their registration.

Lasting powers of attorney

From April 2007 the Mental Capacity Act will introduce lasting powers of attorney. These will replace enduring powers of attorney and it will no longer be possible to execute an enduring power of attorney after then.

Under lasting powers of attorney, clients will be able to name attorneys to deal with their financial affairs and will also be able to appoint individuals to make decisions about their personal welfare, including their medical treatment.

The rules on registering these new documents with the Public Guardianship Office will change. In many cases it will be necessary to register the document as soon as it has been signed, and not merely when the client has become mentally incapable as is the case with enduring powers of attorney.

The ability to delegate power to make decisions on personal welfare is something new - those decisions could not be delegated by an enduring power of attorney.

We advise on the application of these new powers of attorney and the rules surrounding them. We will prepare the new form of powers of attorney for clients when the change is made, and advise on the registration of them.

Costs

The new lasting powers of attorney are longer and more complicated documents than enduring powers of attorney. The costs of drafting them and implementing them are likey to be higher than the equivalent costs for enduring powers of attorney.

Some clients may wish to bring matters forward and draw up enduring powers of attorney now. The Team has a special offer for the cost of preparing enduring powers of attorney, starting from £50.00 + VAT.