Power of Attorney

None of us want to think of a time when we are unable to make our own decisions, yet it’s important to put plans in place should this happen. A Power of Attorney allows a nominated individual to make decisions for you if and when you are no longer able or willing to do so yourself.

With a Power of Attorney, you can choose a loved one or close friend to help make decisions for you about money, health or both. It can be set up while you are still willing and able to make your own decisions and would only become ‘active’ when you decide, along with your solicitor or after medical advice. Powers of Attorney can only be registered by a solicitor or medical professional.

There are three types of Power of Attorney available:

  • Continuing Power of Attorney, which grants powers to deal with money and/or property
  • Welfare Power of Atttorney, which grants powers to make decisions on health and personal welfare
  • Combined Power of Attorney, which provides for continuing and welfare powers

We can advise on the right Power of Attorney to suit you and your circumstances.

Why do I need a Power of Attorney?

If you were to become unable to make your own decisions through illness, accident or getting older, you would need someone to make them for you. Without a Power of Attorney in place, your family or friends have no authority to access your bank accounts or make decisions on your healthcare.

What happens without a Power of Attorney in place?

Without a Power or Attorney in place, your family or friends may have to go to court to to be granted permission to deal with your affairs or the court may appoint someone to act on your behalf. This could be costly and time consuming for your loved ones at an already stressful time.

Who can be my attorney?

Deciding to put a Power of Attorney in place is a big decision and our legal experts are on hand to guide you through the process. When appointing your attorney, you should consider someone who you feel knows you well and will act responsibly, in your best interests.

There is no limit to the number of attorneys you can appoint but they must be over 16 and willing to take on the role. As part of this process, we will carry out an interview with you to confirm you understand the process and are happy to proceed.

What are the benefits of having a Power of Attorney in place?

  • Allows you to nominate a family member or friend to make decisions on your behalf if you become unable to do so
  • Avoids family or friends having to go to court to obtain authority to act for you
  • It makes things easier for your family and friends

At MacRoberts, we offer a full-service Power of Attorney which means that we will work with you to appoint an attorney, complete the appropriate paperwork and register your Power of Attorney with the Office of Public Guardian.

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Family Law at MacRoberts

MacRoberts' specialist family lawyers advise on all aspects of family law, working collaboratively with our clients to help them find the best possible outcome.

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