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Powers of Attorney
You can instruct someone else to make decisions on your behalf because for some reason you cannot be present, you no longer wish to do so, or, you believe that you may be unable to manage your own affairs in the future because you do not have the mental capacity.
You can choose someone to make decision on your behalf for the short-term, for example, if you are on holiday or for the long-term.
There are two types of Lasting Powers of Attorney:
- Health and Welfare – which can be started at any time or when the person does not have mental capacity; and/or
- Property and Financial Affairs – which can only be started when the person does not have mental capacity.
There is a common misconception that by having such provision in place, you lose personal control to deal with matters of great importance.
However, this is rather the opposite. Making a Lasting Power of Attorney can in fact give you and your family peace of mind and confidence that your wishes will be respected. It allows you to be able to better plan and account for your future.
You cannot make a Lasting Power of Attorney when you have already lost mental capacity and you are unable to make your own decisions, therefore, if you anticipate that you may require protection to ensure that your wellbeing and affairs will be managed how you want them to be, you should get expert legal advice as soon as possible.
General Power of Attorney
You can make a General Power of Attorney if you would like someone to make a decision on your behalf for a limited time and for a specific reason because you are unable to make the decision yourself, for example, you are unwell, you are on holiday or you need to instruct someone to act for you in relation to a land/property transaction abroad.
You can only make a General Power of Attorney while you have mental capacity and it will be revoked if the person who has been given the power becomes incapable of making the decisions conferred by the document or the person giving the power dies or becomes incapacitated. In such an instance the General Power of Attorney is automatically annulled. Otherwise, a General Power of Attorney remains valid until it has been properly revoked and communicated effectively with all those concerned.
A General Power of Attorney can only be used to deal with your property and financial affairs. It cannot be used to authorise someone to make decisions which concern your personal health and welfare.
Notably, for any of the above Powers of Attorney you can choose one or more individuals to act on your behalf, jointly or severally and before doing so you must understand the implications of both decisions.
Court of Protection
In the event that a person does not have mental capacity, you can apply to a court to help with one-off or long-term decisions.
You must ensure that any decisions made are in the best interest of the person and that there has been careful consideration of all circumstances surrounding the decision making.
Pertinently, it is important that the right application is made at the right time to achieve the desired outcome. OTS Solicitors can help you to decide which option is the best for you, a family member, friend or someone you wish to help.
Why choose OTS Solicitors?
- We are one of the UK's leading law firms located in the City of London.
- We provide cost-effective legal expertise, with an exceptional level of service tailored to your individual and personal needs.
- We are an award-winning firm.
- We are a Legal 500 endorsed firm.
- We are also highly recommended by our clients on Google Review.
- We regularly feature in the national press due to our level of knowledge and expertise.
- Our Solicitors have made frequent appearances on BBC One, BBC News, TalkRadio, Share Radio, Premier Radio, The Wall Street Journal, i-ASiA Magazine, The American Magazine, and currently working with documentary makers for Sky1 and Channel 4.
- Our Solicitors are accredited by the Law Society.
- We have assembled a team of exceptionally talented solicitors, barristers and judges including retired Immigration Judge and President of the European Lawyers Group Mr Paul Gulbenkian.
Should you decide to arrange an appointment, feel free to contact us by email on firstname.lastname@example.org, call our switchboard on 0203 959 9123 or send an email enquiry by visiting our website on https://www.otssolicitors.co.uk.
OTS Solicitors also provide legal services in respect of Wills, Family Law, Immigration, Employment Law and Litigation. We also deal with Affidavits, Statutory Declarations and Legal Attestations.
Written by Jayanaben Rathod, Solicitor at OTS Solicitors.