Wilkins SOLICITORS
   Lincoln House 6 Church Street, Aylesbury, Buckinghamshire,  HP20 2QS
Tel: 01296 424681,  Fax: 01296 426213,  DX: 4104 Aylesbury
 Departmental E-mail:  SarahHemmings@WilkinsSolicitors.co.uk

              

Peace of Mind with a lasting Power of Attorney

What is a Power of Attorney?

A legal document that allows another person or persons referred to in the document to deal with your financial and personal affairs.  This can include for example signing cheques on your behalf and making decisions considered to be in your best interest.

Why should I want one?

Although we all hate to admit it you cannot be sure that you will always be capable of managing your own affairs.  You may suffer an accident or become ill for example and it is in these circumstances reassuring to know there is someone to look after your affairs.  If you make a "Lasting Power of Attorney" then this allows your attorney to continue to make decisions for you if you are no longer capable of making them for yourself. 

What two types of lasting power of attorney are there?

 1) "Property and Affairs" which includes giving your Attorneys access to your bank accounts and dealing with the sale of your house. 

2)  "Personal Welfare" which includes giving your Attorneys the power to make decisions in relation to nursing care and medical treatment, including life-sustaining treatment.  

Powers can also be restricted so that the Attorney is only allowed to make certain decisions on your behalf e.g. he or she may only be allowed to sign certain documents such as in relation to a house purchase. 

Who should I appoint as my Attorney?

It is important to appoint someone you can trust such as one of your children or a close friend.  You can also appointment more than one to act together on your behalf or use professional Attorneys.  Ask us for further advice in relation to this.  

How do I go about making one?

It is better to obtain legal advice about this as the procedure is not straight forward.  You will need to obtain a "Certificate of Capacity" from your Doctor, another professional person or friend of over 2 years to confirm that you understand and agree to sign the document.   Before they can use it your Attorney will also have to formally register it. 

Give yourself Peace of Mind with a properly drafted and enforceable Lasting Power of Attorney. 

Contact Sarah Hemmings or Rosanne Ward in our probate department for more information about how we may be able to assist.

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We believe the information contained herein to be correct at the time of publication. While all possible care is taken in the compilation and presentation of this web site, no responsibility for loss occasioned by any person acting or refraining from acting as a result of the material on this web site can be accepted by this firm or the author. The information only relates to English and Welsh law and legal practice.