FAQ Power of Attorney 2

Frequently Asked Questions

Powers of Attorney

We only work on fixed fees and do not charge extra for home visits.

If you lose mental capacity and haven’t appointed a Power of Attorney, either someone will have to apply to be a deputy or the Court of Protection will appoint one to make decisions on your behalf. It may not be the person that you want. Also, the powers given to the deputy are much more limited, meaning that choices that would normally be relatively simple for an Attorney to make would require authorisation from the Court of Protection, which could take months each time.

There are two types of Power of Attorney – Ordinary/General Power of Attorney and Lasting Power of Attorney. Lasting Powers of Attorney can be for either Health and Welfare or Property and Affairs. The former makes decisions that include where you will live, your diet and dress. The latter will decide how to manage your estate. If you do not appoint either of these, family members and loved ones will not have an automatic right to make any decisions for you.

Whoever you appoint needs to be trustworthy, have a good understanding of your needs and have your best interests at heart. You might like to consider your assets and liabilities and think about what decisions your attorneys may have to make on your behalf. You will need the names, addresses and dates of birth of anyone you would like to appoint as Power of Attorney. We can act as your Professional Attorneys if you wish to take this pressure away from loved ones.

Yes you can. If you want to appoint more than one, you need to decide if they would need to act jointly, or if they can act independently. If they need to act jointly, this can become difficult if they don’t all agree or if one is absent. If they can act independently this can cause a problem if someone wants to make a bad decision. You can also appoint them to act jointly and severally which means they will have to make some decisions together and others on their own.

Yes, there can be a number of restrictions you can apply, for example that a Power of Attorney can’t buy property on your behalf. You can also provide guidance, which doesn’t bind the decisions of the Power of Attorney but gives them an idea of what you want, for example to only invest in ethical investments.

A Certificate Provider will need to confirm that you understand the significance of appointing a Power of Attorney. They must have known you well for at least two years or be a relevant professional, for example a solicitor or a GP.

You can select up to 5 people who will be notified by the Office of the Public Guardian, you should choose people who know you well enough to raise any concerns they may have regarding the registration. If you do not want to name someone you will have to have two certificate providers.

You can appoint a replacement Power of Attorney(s), who will take over if your Power of Attorney can no longer act for you.

We can assist in the application to appoint a deputy, and obtain appropriate orders from the court to deal with assets as well as making a will or gift for the person who lacks mental incapacity. We can also act as a professional deputy, if required.