Lasting Powers of Attorney
Have you thought about what would happen if, at any time, you were not able to manage your financial affairs or make decisions about your health and welfare?
At Emery Johnson Astills we can make Lasting Powers of Attorney which means that you can control who would make those decisions for you, for example, family members/trusted friends/professionals. If you fail to make a Lasting Power of Attorney for property and financial affairs it would be up to the Court of Protection to decide who to appoint to make those decisions for you; they might not choose the same person as you. Not only that, the process is longer and more expensive than making a Lasting Power of Attorney.
There are two types of Lasting Power of Attorney that you can make; Property and Financial Affairs and Health and Welfare. Our team will advise you as to the appropriate provisions to include in your Lasting Powers of Attorney to ensure that your wishes are carried out should you be unable to effect them yourself. We will discuss the appointment of appropriate attorneys and either act as “certificate provider” to confirm mental capacity or arrange this with an appropriate medical professional.
We will handle the process from start to finish including registration with the Office of the Public Guardian.
We understand and appreciate that making Lasting Powers of Attorney can be a difficult and emotional decision but we can support you through the process.
If someone close to you fails to make a Lasting Power of Attorney for property and financial affairs and later loses capacity to make their own decisions, you may need to make an application to the Court of Protection to be appointed as deputy. This will allow you to manage their financial affairs under the supervision of the Court.
The Court will need detailed relevant information about the finances of the person who has lost capacity and the suitability of the person to be appointed as deputy. Our team can guide you through all stages of the process including drafting the application and obtaining the suitable opinion of a medical professional as to lack of mental capacity, right through to the granting of a Deputyship Order.
Trust us to look after your interests
Our aim is to provide on ongoing service to families in changing circumstances and if your needs or the needs of a loved one change over time, our team of solicitors have specialist knowledge to help make sense of it all.