How our power of attorney specialists can help

power of attorney frequently asked questions

A lasting power of attorney refers to a process where you appoint someone to manage your affairs on your behalf. This is done through signing a document which details all the powers the attorney will have. These usually fall into two categories: health and welfare affairs, and financial affairs, which is the more common of the two.
A deputy is different in that it refers to someone who is appointed when you no longer have the mental capacity to make decisions. If you haven’t got a lasting power of attorney in place, and are not able to cope with appointing one, then a deputy can be chosen to help you with your affairs.
They manage affairs of those who have elected them, and make decisions on their behalf. Some agreements have restrictions within them that limits what the lasting power of attorney can and cannot do. It is worth noting that once you have drafted and signed the lasting power of attorney document or the deputy’s orders, it applies immediately, unless you have put a restriction on the powers of your lasting power of attorney or deputy to begin only when you lose mental capacity. This is something you will be able to discuss with your lawyer when putting together the agreement.
If you are alarmed that either the lasting power of attorney or deputy isn’t doing their job properly, you can report the matter to the Office of the Public Guardian by writing to them with your concerns, and they may carry out an investigation if they deem it fit. Alternatively you may wish to take legal action which could result in the matter going to court. It is important you take the correct steps in resolving the matter, and our lawyers can offer you more advice on this.
You may have to go to court if proceedings are issued and if the matter cannot be resolved outside of the courtroom. However this is unlikely as the majority of these cases settle before getting to the court stage. Therefore, in theory you may have to, but in reality it is not likely.

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