A Power of Attorney authorises a trusted individual (the Attorney) to deal with the affairs of a person (the Donor). The type of Power of Attorney will depend on what is required of the Attorney and when it is to take effect.

Prior to October 2007, it was possible to execute an Enduring Power of Attorney to appoint someone to manage your financial affairs for you. This document could be used immediately or held until it was needed. If you are appointed as an Attorney under such a document, you have a duty to register it if the Donor is becoming, or has become, mentally incapable of managing their financial affairs. We can visit you at home to help you with the process of applying to the Court of Protection for the document to be registered.

Since October 2007, it is no longer possible to have such a Power of Attorney prepared, although ones executed prior to that date are still valid and can be used. The new Lasting Power of Attorney comes in two parts. The Property and Affairs part is very similar to an Enduring Power of Attorney as it deals with the financial affairs of an individual and can be used whether or not they lack capacity, once the document is registered. In addition, the Personal Welfare part allows the Donor to authorise someone to make healthcare decisions on their behalf regarding treatment they may or may not wish to receive or about where they might live if they need to go into nursing or residential accommodation. This document can only be used once registered and when the Donor loses capacity.

Whatever type of Power of Attorney you need for your particular circumstances, we can visit you at home to discuss your requirements and advise you accordingly. Once the document is prepared, we will bring this to your home and oversee the correct signing procedure so that there are no problems with it being registered with the Court of Protection if this is required.