A solicitor and power of attorney

 

A power of attorney is a legal document giving another person the legal authority to make decisions about aspects of your life. If you wish to create a power of attorney you will need to decide which type of power of attorney you wish to create. If you want someone else to govern your finances then you will need a property and affairs lasting power of attorney. If you want someone to make decisions about your health and welfare you will need a personal welfare lasting power of attorney. A solicitor can explain the rights that each of these confer and the implications.

Solicitors will take care to inform you of everything you need to know about lasting power of attorney and the effect it will have on you. Large transactions, such as the sale of a house, cannot be undertaken without the registration of the enduring power of attorney. A power of attorney solicitor can assist with registering the power of attorney. A solicitor can also advise you about whom you appoint as attorney; you should choose a person whom you trust or alternatively appoint a professional.

The Mental Capacity Act 2005 replaced the enduring power of attorney with the lasting power of attorney. The old enduring power of attorney still stands for those created before October 2007, whether or not the document is registered with the Court of Protection. An enduring power of attorney must be registered with the Office of the Public Guardian if the person whom it concerns starts to lose capacity.

If you would like to obtain legal advice on power of attorney, or any related issue, Caven can put you in touch with a local specialist power of attorney solicitor free of charge. So, if you have any questions or would like our help in finding specialist solicitors please call us on 08001 221 2299 or complete the web-form above.

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