What are Powers of Attorney?
Powers of Attorney allow you to give someone you trust the authority to make decisions on your behalf in relation to your finances and health, if you become unable to. We’re here to guide you through the process with compassion and clarity, to ensure your wishes are protected. Our comprehensive and bespoke Powers of Attorney service is led by specialist solicitors who understand the sensitivities of family dynamics and who are committed to giving you peace of mind for your future.
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We can help you with all types of Powers of Attorney
In the UK there are two main types of Powers of Attorney; Lasting Power of Attorney (property/finances and health/welfare) and Ordinary Power of Attorney (for a specific task and fixed duration). Our team is experienced across the whole spectrum and will take care to understand your unique circumstances and wishes and provide you with tailored support, so you feel empowered and confident. We will ensure clear instructions and stipulations are outlined in your Power of Attorney document to protect your interests.
A Power of Attorney is a legal document allowing someone you choose to make important decisions on your behalf if you become unable to, for example if you become unwell. You will choose someone you trust to act in your best interests when decisions need to be made regarding your money, property, health and wellbeing, such as medical treatment. Without a Power of Attorney in place, your family may have to apply to a court to be granted permission to manage your affairs, which can be a costly and lengthy process.
Why choose
CWC Solicitors?
Our top priority is that you feel supported and confident throughout the sensitive Powers of Attorney process. You will be allocated one of our specialist solicitors who will be your trusted guide from the beginning to the end of the process. You will have direct access to your solicitor who will provide you with regular updates. And, you’ll receive personalised care and attention to ensure your wishes are reflected.
Frequently asked questions
Still unsure or need something explained properly? Contact us, and we’ll guide you through it.
1. What is a Power of Attorney?
A Power of Attorney is a legal document where one person (the donor) grants another person (the attorney) the power to make decisions on their behalf.
2. Who needs a Power of Attorney?
Everyone is recommended to have a Power of Attorney in place, in case they become unable to make decisions for themselves in the future.
3. When does a Power of Attorney come into effect?
An Ordinary Power of Attorney (also known as a General Power of Attorney) is effective immediately upon signing. A Lasting Power of Attorney comes into effect when the donor loses capacity.
4. Can I change my Power of Attorney?
Yes, provided you have the mental capacity, you can change or cancel your Power of Attorney at any time.
5. Is a Power of Attorney valid after death?
No, once the donor passes away, the Power of Attorney is no longer valid and the person appointed as executor of the Will takes over.
6. How long does it take to set up a Power of Attorney?
The process can take several weeks as it involves personalised legal advice and document preparation. Registration with the Office of the Public Guardian can take up to 20 weeks.
7. How can I be sure my attorney will act in my best interest?
We will ensure that clear instructions and stipulations are outlined in your Power of Attorney document to protect your interests.
8. What happens if I lose capacity without a Power of Attorney in place?
Without a Power of Attorney in place, an application can be made by someone to the Court of Protection for a Deputy order court which grants permission for them to make decisions on your behalf. This can be a lengthy and costly process.
9. Can I have more than one attorney?
Yes, you can appoint multiple attorneys. You can specify how they make decisions, either jointly or alone.
Related services
Writing a Will
Our specialist solicitors will guide you through the Will writing process with compassion and clarity to ensure your wishes are fulfilled and your legacy is protected.
Inheritance tax planning
Our specialist trusts and inheritance tax solicitors have in-depth knowledge about how best to protect your assets for your family when you have passed on. They will give you expert, personalised advice and peace of mind.
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