Ever since 1st October 2007, it is no longer possible for a person to execute a document known as an Enduring Power of Attorney. That document, which had been in existence since 1985, was a simple, but very powerful, four page document in which a person, known as a Donor, could appoint someone, known as an Attorney, to look after their property and financial affairs in the event that they ever became mentally incapable of doing so themselves, for whatever reason.
The only way in which a person can now voluntarily appoint someone else to deal with their property and financial affairs, in the event of their mental incapacity, is to execute a document known as a Property and Affairs Lasting Power of Attorney. This document is much longer and more complicated than the Enduring Power of Attorney it replaced.
However, if a person did not execute an Enduring Power of Attorney before 1st October 2007 and then subsequently becomes mentally incapable of managing their own affairs without having executed a Property and Affairs Lasting Power of Attorney, then the only option open to any nearest and dearest who wish to deal with that person’s property and financial affairs would be to make an application for a formal Order from a special Court in London called the Court of Protection. Such applications are complex and involve considerable cost, time and stress.
Making a Property and Affairs Lasting Power of Attorney is therefore, in our experience, very much the preferred route for a person who wants to safeguard their position with regard to their finances in the event of them becoming incapable in the future.
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It is also possible for a person to execute a document called a Health and Welfare Lasting Power of Attorney. This is a document in which they can appoint someone to act as their Attorney to make decisions in relation to their health and welfare issues rather than their property and financial affairs.
We can prepare either type of Lasting Power of Attorney for you both quickly and efficiently. Alternatively, if necessary, we have years of experience of making a full application for Deputyship Orders to the Court of Protection.
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