When you are no longer able to make decisions for yourself, or you simply do not want to any more, Power of Attorney is a legally binding document which allows someone to make important decisions and act on your behalf. Power of Attorney generally relates to financial matters, and as such it is important to choose someone that you trust not only with your assets, but to make decisions that are in the best interests of you and your family. Contact Family Law London today to see how we can help you. Call our trusted team today on 0203 389 8574.
Why do I need a Power of Attorney?
There are a number of reasons why someone may need a power of attorney. Typical examples of why people choose to get a power of attorney are:
- You have been diagnosed with Alzheimer’s, or another degenerative illness. This meaning that your mental capacity is likely to diminish and leave you unable to make decisions in the future. In this scenario many people pass Power of Attorney before their mental capacity diminishes, to be taken over when the time is necessary
- You are incapable, at the current time, to complete everyday tasks. For example, you may be out of the country for a long time, and in this case you can sign Power of Attorney to someone to take care of tasks such as paying your bills while you are away.
Mental capacity is your ability to communicate the decisions that need to be made at the time they must be made. You must know what decision it is you have to make, why you have to make it, and what the consequences of your decision may be.
Many people are able to make decisions about small things, while others are not. E.g. someone is able to choose what jacket they want to buy, or what cereal they are going to have, but are unable to make decisions about mortgage payments or other bills. Other people have good and bad days, meaning their capacity to make informed decisions changes very regularly.
A lack of mental capacity is not the amount of time it takes you to arrive at or understand a decision. It is important that if someone is struggling to communicate a decision they want to make that efforts are made to try and understand it, Power of Attorney is not something to be taken lightly.
If it is inevitable that your mental capacity will deteriorate to a point where you can no longer make decisions, then you may need to appoint a Power of Attorney to help you make decisions about your health and care as well as your finances.
If you want to set up someone as a Power of Attorney, then it is important that you speak to us. We are experienced in dealing with Power of Attorney cases, meaning that we will ensure your best interests are met.
Types of Power of Attorney
Ordinary Power of Attorney
This is binding while you have mental capacity, and deals with decisions about your financial affairs. If you need a temporary Power of Attorney, i.e. if you are out of the country, then this may be the solution for you
Lasting Power of Attorney
An LPA is appointed when you lose your mental capacity or you no longer wish to make decisions. They decide on your financial affairs, health and care. If you are losing mental capacity this could be the Power of Attorney you wish to set up
Enduring Power of Attorney
The previous version of an LPA. If you were made an EPA before October 2007, then it should still be valid.
Contact Power of Attorney Solicitors in London Today
Our team of dedicated family law experts are on hand to deal with any issues you might have. We know how difficult power of attorney issues can be, and we endeavour to provide all our clients with a friendly, professional and reliable experience. If you have any family law matters you wish to take care of then we suggest you contact us immediately. Speaking to a solicitor early in any process minimises problems and ensures that you get the best outcome for your circumstances. If you wish to speak to a member of team today, then do not hesitate to contact us. You can contact us by filling in our online contact form here, or you can speak to a member of our team by phoning us on 0203 389 8574. We look forward to hearing from you.