Powers of Attorney
A Power of Attorney is a legal document which appoints a person you trust to deal with your affairs on your behalf, for example, if you go abroad or become incapable of dealing with your own affairs due to ill health.
There are two distinct types of Powers:
Financial Powers- such as dealing with your bank accounts, paying your bills, selling or leasing your property. You have the choice of giving these Powers immediately, or at some future time, such as if you become incapable. If you grant Financial Powers to be used immediately, you can also specify that these powers will remain in force if you become incapable- such powers are referred to as “Continuing Powers”.
Welfare Powers- such as where you should live and what medical treatment you should have – Welfare Powers are only used when the granter of the Power of Attorney has become incapable of making such decisions and this has to be certified by a Doctor.
For the protection of the granter, Powers of Attorney have to be registered with the Office of the Public Guardian (“OPG”) who oversees the operation of Powers of Attorney and investigates any claims of misuse. We strongly advise all clients over 50 to grant a Power of Attorney and to appoint a spouse, partner or other trusted relative, as a safety net against unforeseen ill-health. The consequences of not granting a Power of Attorney can be very detrimental: your family may have to go through stressful, expensive and time-consuming Court proceedings to deal with your finances and may also come into conflict with other agencies over your Welfare.
We will explain all key aspects of granting a Power of Attorney with you, including choice of Attorneys and what Powers to include, and will deal with completing and registering the document.
We also advise Attorneys on how to properly fulfil the duties conferred on them by a relative.
We can also offer related services, such as:
· Wills
· Elderly client issues and advice on residential care costs.
For more information contact us by phone on 01324 676940 or e mail kenny.marshall@mooremarshall.com