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| A Power of Attorney is a legal document
that enables you (the Donor) to appoint an individual or individuals,
whom you trust, as your Attorney, so that they can manage your financial
affairs when you are no longer able to do so. This may be because you
do not wish to, or because you are suffering from physical or mental
incapacity. Your Attorney will then have the legal authority to pay
your bills, manage your income and capital and generally look after
your money and property on your behalf. This extends even to the power
to sell your property. The most common Power of Attorney is a Lasting Power of Attorney (LPA) which can operate while you still have mental capacity and also continues if you become mentally incapable of dealing with your own affairs. It confers legal authority on your Attorney to manage your financial matters. It does not, however, extend to making decisions about healthcare issues, but these can now be dealt with separately under a Welfare Lasting Power of Attorney. A Power of Attorney ceases upon death when your Will then comes into effect. Powers of Attorney can give general authority to your Attorney(s) to act in relation to all your financial affairs or they can be restricted to relate to only particular areas. |
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| Meet the team: Lesley Rushton | Robin Browne | Lorraine Smith | Chris Vernon Danielle Turner | Mark Siddons | |||||||||
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| If a person becomes mentally incapable
of handling his or her own affairs and does not have a valid Lasting
Power of Attorney document in place, then it is too late to make one.
The person may then be in need of protection from unscrupulous people
wishing to take advantage, so at this stage an application needs to
be made to the Court of Protection by a family member, friend or solicitor,
asking for him/her to be appointed as a Deputy. The Deputy is then accountable
to the Court for the patient's financial affairs. Whereas an Attorney has independence in the decision making process a Deputy has to obtain direction and authority from the Court of Protection for all actions taken. The purpose of a Deputy, therefore, is to protect vulnerable individuals at a time when they can no longer protect themselves. |
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| Meet the team: Lesley Rushton | Robin Browne | Lorraine Smith | Chris Vernon Danielle Turner | Mark Siddons | |||||||||
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| If a person becomes mentally incapable
of handling his or her own affairs and does not have a valid enduring
power of attorney in place, it is then too late to make one. The person
may then be in need of protection from unscrupulous people wishing to
take advantage, so at this stage an application needs to be made to
the Court of Protection by a family member, friend or solicitor, asking
for him/her to be appointed as a receiver. The receiver is then accountable
to the court for the patient's financial affairs. Whereas an attorney has independence in the decision-making process, a receiver has to obtain direction and authority from the Court of Protection for all actions taken. The purpose of a receiver, therefore, is to protect vulnerable individuals at a time when they can no longer protect themselves. |
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| Meet the team: Lesley Rushton | Robin Browne | Lorraine Smith | Chris Vernon Danielle Turner | Mark Siddons | |||||||||
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