Power of Attorney

 A Power of Attorney nominates someone to act on your behalf should you lose mental capacity, as defined by the Mental Health Act 2005. Mental incapacity could be dementia or other mental health issues brought on by illness or even an accident. Importantly they are put in place BEFORE you lose capacity. Only if you are unable to make decisions for yourself does the Attorney(s) your chose act on your behalf. Typically the Attorney is either a spouse or child.

There are a number of reasons I advise all my clients to have Lasting Power of Attorney (LPA) in place, not least peace of mind, but importantly because the alternative to an LPA is much more expensive and time consuming.

If you no longer have the capacity to make an LPA your spouse/ children have to apply to the Court of Protection for a Deputyship Order. This is a complex process with a number of potential pitfalls. It also costs significantly more and can take 28 weeks to put in place.

Read more about estate and will planning

Location: Bournemouth, UK

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