Lasting Powers of Attorney

Protecting your wishes in a worse case scanario.

Have you ever considered what would happen if you were to becomementallyincapable of managing your financial affairs in the future? What if you could no longer voice your wishes regarding your personal welfare?

If you have not appointed an attorney to act for you in such circumstances, the Court will decide who will act on your behalf. This may result in a person you would not wish to be involved with your personal affairs being appointed. If there is no individual willing or able to act, then the Court may appoint a professional.

Many people therefore choose to appoint one or more attorneys by way of a ‘Lasting Power of Attorney’. Once appointed, your chosen attorney will be able to act on your behalf should you no longer be capable; this can be in relation to your financial affairs, your personal welfare, or both.

The predecessor to the Lasting Powers of Attorney was the ‘Enduring Power of Attorney’. If you have an Enduring Power of Attorney, they are still valid and can continue to be used if required.

However, if you are appointed as an Attorney under an Enduring Power of Attorney and you have reason to believe the person that has granted you the Power is becoming or has become mentally incapable of managing their own financial affairs, you are under an obligation, as attorney, to register the Enduring Power of Attorney with the Office of the Public Guardian. This process involves giving notice to relevant parties and applying to the Office of the Public Guardian. There are strict time limits for the serving of the notices and making the application.

Short Richardson & Forth are experienced in the preparation and registration of Lasting and Enduring Powers of Attorney, and in advising and assisting attorneys with their use.