Powers Of Attorney (Leaflet)

14th May 2019


by Elise Rose

What is a Power of Attorney?

A Power of Attorney enables someone chosen by you to deal with your affairs in circumstances where you are not able to.

You might need a Power of Attorney because you are going to be out of the country for an extended period of time and documents may need to be signed during your absence. Alternatively, you may choose to have a Power of Attorney in place in case you are not able to make decisions about your affairs because of long-term illness or loss of mental capacity.

Different types of Powers of Attorney can be used in different circumstances:

General Power of Attorney

This is useful for situations where you are not able to sign documents or deal with matters yourself. However, you must still have mental capacity. A General Power of Attorney cannot be used if you have already lost, or subsequently lose, mental capacity – either temporarily or permanently.

Lasting Power of Attorney: Property and Affairs

This power will enable your attorneys to deal with your finances and your property. If you have one in place and have registered it with the Office of the Public Guardian, it can still be used even if you later lose your mental capacity.

Lasting Power of Attorney: Health and Welfare

This power will enable your attorneys to make decisions about your personal health and welfare in the event that you lose capacity. It can include giving your attorneys the power to decide whether or not you should receive life sustaining treatment. If registered, it can be used should you later lose your mental capacity.

Giving someone the power to make decisions on your behalf is a big step. At Fraser Dawbarns LLP we can provide you with expert guidance on the issues that you would need to consider, advice on which type of Power of Attorney will be best for you, and can prepare the necessary documents. If you feel that a Power of Attorney could be useful to you, we can help. 

Court of Protection and Appointment of Deputies

Where a person has lost mental capacity but they do not have either a Lasting Power of Attorney or one of the older-style Enduring Powers of Attorney in place, usually the only way in which another person can make decisions for them and deal with their affairs is to be appointed as a Deputy by the Court of Protection. We can provide comprehensive advice on the steps that need to be taken in order to become a Deputy and will help you through the entire process.  

Trusted Advice and Guidance

Our Private Client department can offer clear and comprehensive advice on everything you need to consider when appointing an attorney for your affairs, giving you peace of mind for the future. In situations where mental capacity has already been lost, we can help you navigate the legal requirements to be appointed as a Deputy by the Court of Protection. We can also advise you on a wide range of other legal matters that you might need to bear in mind when putting in place a Power of Attorney, such as making a Will or making lifetime gifts. If you have any queries, please do get in touch with us.

With offices in Wisbech, King’s Lynn, Downham Market, March and Ely we are close at hand should you need to meet with us urgently, or if you need to call in to sign documents. If you cannot come to see us, we are more than happy to come to you – please do contact us if you would like to arrange a home visit. 

Costs and Fees

We charge a fixed fee for a straightforward Power of Attorney, so you know exactly how much it will cost. If the work is going to be more complicated, we will give you an estimate of the cost upfront, and keep you updated as to any changes. There are no hidden charges.

Free Initial Consultation

We welcome enquiries and are happy to meet for a free-of-charge initial consultation. This gives us an opportunity to discuss your case with you, how best we can help you, and to provide you with an estimate of the potential costs involved.

Why Choose Us?

  • Direct access to your own dedicated lawyer
  • Full range of legal services
  • Clear prices & no hidden costs 

Read our Other Services Leaflets Here

Fraser Dawbarns offers a wide range of services to our clients, a selection of which are detailed in the leaflets below. Hard copies are available from the reception of each of our offices. If you would like to find out more about our legal services and how we can help you, please browse the leaflets below.

Recommended By The Legal 500 Directory*

*We are recommended for the following practice areas: Corporate and Commercial, Debt Recovery, Employment, Personal Injury: Claimant, Agriculture and Estates, Contentious Trusts and Probate, Family, Personal Tax, Trusts and Probate & Commercial Property.

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