Powers of Attorney
We have experience in drafting General Powers of Attorney, Lasting Powers of Attorney Health & Welfare, and Lasting Powers of Attorney and Property and Financial Affairs:
The Lasting Power of Attorney is one which lasts after you lose your mental capacity. This means that you continue to exercise your own decisions and judgements until such time as you lose your mental capacity to be able to exercise your own free will. This is not to say that your attorneys should not take into account your views even in circumstances where you have lost a significant amount of your mental capacity. In order to consider who to grant a Lasting Power of Attorney to, you need to carefully consider the individual's personal integrity and their willingness to undertake the task.
It is possible to have a number of Attorneys who can either act together, or independently.
In order for a Lasting Power of Attorney to come into effect you have to lose your mental capacity. It is then necessary for the two parties who are relatives of yours or friends of yours to be served with notice of the registration of the Enduring Power of Attorney. Once this is registered your Attorneys then gain power to act on your behalf.
In relation to a Lasting Power of Attorney regarding Health and Welfare, there are some questions on this form which deal with the ability of your Attorneys to be determined to switch off life support machines. You have to determine whether or not you feel comfortable with this. You can decide that you do not want anyone to have this power, but equally you may decide that this is something that you want to do.
In reality everyone should have a Lasting Power of Attorney. If you lose your mental capacity it is much more expensive to make an application after the event.