Power of attorney

Who will make decisions for you if you have an accident or lose mental capacity?

Who will look after your property, finances and assets?

In the unfortunate event that you become unable to manage your own affairs, you may be concerned about who will make important decisions about your health, welfare and finances. If you are a business owner, keeping the business running will be essential for the future of your employees as well as your family.

You may have concerns that a family member may suffer from a loss of mental capacity in the future and want to ensure that you can help maintain their best interests. Without anything in place, relatives would have to apply to the Court of Protection to gain access to your assets or have a say in your medical provision or care, subjecting them to uncertainty, stress and costs.

To safeguard your position and take control over the future, you can give someone you trust a lasting power of attorney. This gives them the legal standing to act on your behalf. You can give a power of attorney to more than one person and you can specify whether they have to agree on all decisions or if they have power to act alone, discussing your wishes and intentions with them beforehand.

The power of attorney only comes into effect if you lose capacity to make decisions or communicate for yourself and it can be revoked at any time.

There are two types of lasting power of attorney:

• Health and welfare lasting power of attorney – this allows your attorney to make decisions about your daily care, where you will live, the medical treatment you receive and consent for life-sustaining interventions.
• Property and financial affairs power of attorney – this allows your attorney to make property and financial transactions as if they were you. They can pay bills, collect benefits and sell your home if necessary.

Once you have decided who you would like to act as your attorney, our solicitors can prepare all the paperwork and register the power of attorney on your behalf.

Based in Stoke-on-Trent, Staffordshire, our specialist wills and probate solicitors provides services throughout Staffordshire and Cheshire. To find out more, contact us on 01782 577000.