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A Power of Attorney involves someone else (the ‘attorney’) being appointed to make decisions or act on your behalf either because you no longer want to make these decisions or because you are unable to make such decisions for yourself and fully understand the consequences. Currently there are three different kinds of Power of Attorney:
● Ordinary Power of Attorney● Lasting Power of Attorney (LPA)● Enduring Power of Attorney (EPA)
An ordinary Power of Attorney is appropriate where a person is temporarily without capacity, such as going through an operation or procedure in hospital.
If capacity is anticipated to be permanently lost, due to illness or age, an LPA establishes Power of Attorney on a permanent basis. It must be noted that the person must have capacity to enter into the LPA in the first place.
An LPA for financial affairs will normally cover the purchase and sale of property, settlement of mortgages and debts and maintaining property.
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Where an individual anticipates becoming terminally ill or is undergoing risky medical treatment, they may wish to make a Living Will that expresses their wishes as how to be cared for if they are no longer able to indicate their preferences, known as advance statements, or in some cases they may wish that life support not be administered through a legally binding advance declaration. Power of Attorney will normally be granted to a trusted family member who makes sure the preferences of the Will are adhered to.
It is important to note that advance decisions and statements can only relate to financial matters and healthcare decisions when the testator is still living. It cannot relate to distribution of an individual's estate upon death.
We have vast experience in dealing with Power of Attorney cases, as well as other areas of family law, including:
Our solicitors have extensive experience in handling matters relating to trusts, HMRC and tax implications, Power of Attorney and business advice. We offer a tailored approach that explores and addresses the personal circumstances of our clients. Contact our Power of Attorney Lawyers today.