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Power of Attorney & Deputyship

Ensuring your private affairs are secured, should you lose mental capacity

At Glaisyers, we understand that having difficulties dealing with your finances can be distressing and worrying. If you’re in this situation or are concerned you might face these problems in the future, we can help. We have vast experience in all matters concerning powers of attorney.

When you make a Power of Attorney, you agree for a trusted person to make decisions on your behalf when you are not able to do so yourself.

If you made an Enduring Power of Attorney (EPA) before October 2007, your attorneys will be able to use this to act on your behalf. If there comes a time when they believe you are unable to make financial decisions for yourself, they will need to register the EPA with the Office of the Public Guardian. They will also have to tell you that they are applying for registration and you can object to this if you do not agree to it.

If you make a Lasting Power of Attorney your attorneys cannot use it at all until it has been registered with the Office of the Public Guardian. Before your attorneys make any decision they must decide whether you are able to make that decision yourself and whether it is in your best interests. If you can make the decision yourself you can tell your attorneys to carry out your wishes.

If you don’t make a power of attorney, and are unable to make financial decisions in the future, the Court would need to appoint a Deputy to make decisions on your behalf. If someone applies to be appointed as your Deputy they must tell you about their application and you can object if you do not want them to act for you. Before making any decisions for you the Deputy must always consider whether you can make the decision yourself.

Whatever it is you want to know about a lasting power of attorney or deputyship, Glaisyers can help. Our friendly, caring, professional, lawyers will take the time to listen and understand your situation, before giving clear, straightforward advice.

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