Powers of Attorney & Deputyships

This section tells you a little about what a Power of Attorney is, what happens if you don’t have one, and how Hansells can help.

You can be rest assured you’ll always enjoy a down to earth and friendly service from the Hansells’ team.

What is a Power of Attorney?

A Power of Attorney is a legal document which lets you (the Donor) choose somebody you trust (the Attorney) to look after your affairs should you become unable to do so in the future.  The Attorney might, for example, look after your finances or make decisions on your behalf about your property or personal welfare.

There are 3 types of Power of Attorney

General Power of Attorney

This allows you to appoint someone to look after your financial and property affairs on a temporary basis – for example if you’re going abroad for some time.  The Authority under a General Power of Attorney can be limited to specific matters or for general purposes.  The Power can be revoked by you at any time and it is automatically revoked if you become mentally incapable of dealing with your financial affairs.

Enduring Power of Attorney

Whilst it is no longer possible to make an Enduring Power of Attorney, such Powers that are made prior to 30 September 2007 are still valid. Hansells can assist with the registration of an Enduring Power of Attorney with the Office of the Public Guardian where necessary and give general advice about acting under an Enduring Power or Attorney.

Lasting Power of Attorney

These documents have replaced Enduring Powers of Attorney.  The new powers have more safeguards built in and have a wider use and application than the earlier Enduring kind.  We recommend a Lasting Power of Attorney in case you become unable to deal with your affairs in the future due to injury, ill health or age.

There are two types of Lasting Power of Attorney – one to deal with Property and Financial Affairs and the second to manage Health and Welfare.  Please speak to us about these and your options regarding either or both.

What if you have not planned ahead?

If you (or someone close to you) have not prepared a Lasting or Enduring Power of Attorney and you become incapable of managing your own affairs – it would be necessary for a Deputyship Order to be applied for.  This involves making an application to the Court of Protection, which can be by a family member, a trusted friend or perhaps a family solicitor.

If a Deputy is needed they are required to submit detailed application forms in order to be approved.  Once acting as Deputy, they must take out a special insurance bond, produce an annual report and keep accounts.  At Hansells we can help you with all of these legal formalities and we can also act as Deputy for you.

This can be avoided by preparing a Lasting Power of Attorney in advance and this will ensure the person you choose deals with your affairs when you can’t.

How can Hansells help?

We can:

• Help you to prepare a General Power of Attorney

• Help you to register an Enduring Power of Attorney

• Help you to prepare and register a Lasting Power of Attorney

• Advise and support Attorneys acting under a Power of Attorney

• Advise on the choice of Deputy should a Power of Attorney not exist

• Advise and support Deputies throughout the application process for a Deputyship Order and assist with the on-going management and supervision of their responsibilities

• Act as the Attorney or Deputy when you need someone experienced and independent to assist

Prepare for the future today

Whether you want to plan ahead with a Power of Attorney, or you need help and advice on becoming or appointing a Deputy, do get in touch.

We can talk you through everything on the phone or meet you face to face.  We can also send you more detailed information about the options concerning Powers of Attorney.  Why not take a look at our Guidance Notes.

Accreditations

The Society of Trust and Estate Practitioners (STEP), Solicitors for the Elderly (SFE) and Deputy Panel Members.

Our experienced team also includes a number of solicitors who are accredited by STEP, whose members are required to acquire additional technical qualifications and are subject to a Code of Professional Conduct, which requires them at all times to act with integrity and in a manner that inspires the confidence, respect and trust of their clients and of the wider community.  STEP members are also required to keep up to date with the latest legal, technical and regulatory developments.

SFE members are all specialists in older client law, but what sets SFE members apart from other lawyers are their specialist client care skills that enable them to advise and support older and vulnerable clients.  – click here to view our Code of Practice and Client Care Procedures.  Samantha Loombe is an Associate Member of SFE.

Felicity Elsmore is also a Panel Deputy for the Court of Protection.