Lasting Power Of Attorney Chester, Cheshire
Lasting Powers of Attorney (LPAs) are an essential part of your future planning.
Whilst your Will commences when you die, these valuable documents allow you to delegate the control of your decisions, during your lifetime, should you become physically or mentally unable to manage.
An LPA Property & Financial Affairs allows the delegation of your financial matters. Your nominated Attorneys can access your money to use for your benefit, although they are not authorised to make gifts on your behalf.
An LPA Health & Welfare authorises the Attorneys to make decisions about your health needs, including the care you need receive for example on discharge from hospital. They will only be making these decisions should you no longer be able to express your wishes.
Both of these documents must be signed whilst you have mental capacity.
Our expert services include:-
• Advising on the LPAs and drafting them for you
• Completing the formalities for the registration of the LPAs at the Office of the Public Guardian
• Advising your Attorneys when they manage your finances
• Acting as Attorney for your property and finances should you prefer a professional to act
If someone lacks mental capacity but has not appointed an attorney, to handle his finances, then an application to the Court of Protection is needed to access his funds to pay for his care.
We will take you through the Court application process and can even act as the court appointed Deputy if there is no one else appropriate to undertake the role.
At all times the Deputy will report to the court and we can assist with the preparation of the annual financial accounts or additional applications to the Court of Protection
Court of Protection matters:
As well as Deputy appointments (above), we can assist with Court of Protection proceedings, in other circumstances.
Our Solicitors can advise on:-
• Disputes between Attorneys
• Applications to remove an Attorney, for example due to the intervention of the Public Guardian.
• Applications by an Attorney for formal Inheritance Tax planning, where the person he represents lacks mental capacity e.g. to allow the Attorney to make gifts out of income or capital
• Applications for the Court to execute a Statutory Will, where the need for a Will is justified for the person lacking mental capacity
Louise Eccleston or Paul Coombs on 01244 400567