Powers of Attorney & Court of Protection
A power of attorney allows you to appoint a person of your choice to help you manage your affairs in the event that you lose capacity. In contrast to a will which deals with your affairs after your death, a power of attorney allows you to have help whilst you are alive.
Over recent years, especially with dementia diagnoses on the increase, powers of attorney have become more detailed. They can allow the donor (the person making the Lasting Power of Attorney) to be very specific and flexible, and control how they operate, such as by placing restrictions on the Attorneys.
A power of attorney is priceless. It does not have to be just for when you have lost capacity; but can assist you with your affairs in an ever-evolving and technologically complex society. There are many benefits as follows:
- Provides a trusted person with a spare set of keys to the “safe” of your life in the event a spare set, not just that held by you, is required
- Preserves your dignity
- Retains integrity
- Saves significant sums of money in Court of Protection costs
Court of Protection
This is a process which involves the Court when a person loses the capacity to make their own decisions and cannot therefore make a Lasting Power of Attorney. This is for property and affairs and also personal welfare. The Court must appoint a Deputy.
The process consists of medical assessments and other relevant documentation and persons to be informed with the possibility of a hearing if objections are raised.
