A power of attorney is a document that allows a person to delegate decision making to a person or persons chosen by them. Should such a need arise our barristers are adept at drafting ordinary powers of attorney regarding your property and financial affairs. In circumstances where the client lacks mental capacity, then a Lasting Power of Attorney (“LPA”) dealing with Property and Financial Affairs and/or Personal Health and Welfare may be more appropriate.
A Property and Finance LPA allows an appointed attorney to make financial decisions, including management of a person’s property, bills and pension, whilst a Health and Welfare LPA allows an appointed attorney to make choices about medical care and care arrangements. It is also common for couples or relatives to create Mirror LPAs’, where two parties appoint each other for their LPA.
If, however capacity to make decisions has been lost before a Power of Attorney has been granted, then an application to the Court of Protection for a Deputy to be appointed, who can take appropriate decisions instead would become necessary. Our barristers are capable of advising on the submission necessary for a successful application to the Court of Protection.
The first step to instructing a barrister on your behalf is to provide us with some background information to your case. Our clerks are massively experienced and can help point you in the right direction.