Peter Lee (Wills and Estate Planning) Limited

Lasting Powers of attorney

Some of our greatest fears are connected with our concerns that our parents, grandparents or indeed that we, may lose mental capacity. There is something which can be done to lessen the difficulties which such a loss can bring. You can authorise someone to act on your behalf in such circumstances by completing what is called a Lasting Power of Attorney. A Lasting Power of Attorney is usually seen as the final piece in the process in planning and protecting you and your estate.

You can appoint whom you wish to manage your affairs should you become mentally incapable of managing them yourself.
There are two types of Lasting Power of Attorney. One deals with your property and financial affairs and one deals with your health and welfare. You can complete one or both as you wish. If you lose mental capacity without having a Power of Attorney in place, you can find that access to your assets and decisions regarding your finances and welfare, are difficult or severely restricted, if not impossible, at the very time you would wish such difficulties could be avoided.

In addition, without Powers of Attorney in place, it may be necessary for your family to apply to the Court of Protection for the appointment of what is called a “deputy” to deal with your affairs. This process is much more complex. And remember, an application to the Court of Protection is a costly and time-consuming process and one in which you are likely to have no influence or control whatsoever, including regarding the choice of the person who will manage your affairs.

I’ll be happy to advise you about the ways in which you can complete Powers of Attorney and explain the related options. You may then feel confident enough to complete the appointment of your Attorney yourself but if not, I can complete the appointment documentation and process for you.