POWERS OF ATTORNEY

What happens if you become mentally incapable of managing your financial affairs? Or you may simply wish someone to have legal authority to act on your behalf because you are finding it difficult to manage your own financial affairs.

How do you deal with matters in relation to your health and welfare when you start losing your mental capacity, or find it harder to see the doctor, get medical help or have to contemplate going into supported care?

A Lasting Power of Attorney enables you to choose someone, who you trust, to make decisions for you and to deal with your financial affairs and your property, and can also deal with matters relating to your healthcare and treatment. This person is known as "the Attorney" and if necessary you can appoint more than one. You can limit or place conditions upon the Attorney, or leave their discretion unrestricted. A separate Power of Attorney can deal with healthcare and welfare decisions. For both financial, and health and welfare powers of attorney, your attorneys speak on your behalf "as if they are you" and stand in your shoes when you are no longer able to express your views and wishes.

Without a Lasting Power of Attorney your financial affairs may be handled by the Public Guardianship Office which can be expensive and time-consuming. The "Deputy" appointed by the Public Guardianship Office may not be a person of your choice. In relation to health and care, you may find that you are eventually managed by your local social services department, and/or with your medical advisers having to shop around the family, trying to find a family member who can speak with a certain amount of authority. Powers of Attorney ensure that these matters can be resolved quickly, and by those whom you trust.

We can advise you regarding Powers of Attorney and can assist you in drawing up the necessary document or documents to ensure this complies with the legislation.

We can also deal with Court of Protection matters, issues in respect of mental capacity & general advice regarding mental capacity.

Costs

Our fees with regards to this are £200.00 plus VAT, per document, to take initial instructions, advise you, draft and be present at the execution of the Lasting Power of Attorney. These charges are applicable to both financial and health and welfare powers of attorney.

For registration of a Lasting Power of Attorney, including correspondence with the Office of the Public Guardian, dealing with any issues that may arise and providing certified copies of the Lasting Power of Attorney is £200.00 plus VAT, per document.

Key stages and timescales

A Lasting Power of Attorney cannot be utilised by your attorneys until it has been registered with the Office of the Public Guardian. Prior to the COVID crisis, this was taking, on average, approximately 10 weeks but in the current climate and post-COVID, the period of time is presently 20 weeks. The important point is that whilst we do the work and will charge you, your attorneys cannot exercise their powers until registration has been completed.

This is entirely out of our control, and we hope that as matters start to return to that of a post-COVID era, registration will be faster. It is very unusual, even in an urgent case, for the Office of the Public Guardian to accelerate registration.

The fees payable to the Office of the Public Guardian will be in addition to these sums. The registration fee that the Office of the Public Guardian currently charge is £82, per document.

 

For more information please telephone Martin Groat or Ian Morgan on 01342 323545 or email us at enquiries@waughs-solicitors.co.uk