A family member has lost capacity but doesn't have Power of Attorney in place
If you don't have a Power of Attorney already in place and a member of your family has lost capacity, you will need to apply to the Court of Protection to gain access to their financial affairs. However, this can be quite time consuming. We can help guide you through the process.
Can my family make decisions for me if I lose capacity?
A lasting power of attorney (LPA) is a legal document that allows you to nominate someone to make decisions on your behalf. If you are unable to sign for the sale or purchase of your property and need someone to sign on your behalf, you'd have to award them Lasting Power of Attorney for property and financial affairs. This could be your attorney or someone else you trust.
We can help draft and put in place an LPA on your behalf.
EPA's are they still valid?
An EPA or Enduring Power of Attorney was the previous system for assigning power of attorney. This has now been replaced by an LPA (Lasting Power of Attorney). Any EPA made before October 1 2007 can still be registered and used. However EPA's only cover decisions about property and finances and not health and welfare matters. If you need to support someone with their health and welfare you will need to take out a Lasting Power of Attorney.
If you'd like us to help you with Power of Attorney, please do get in touch.
Our Private Client team can make the process of drafting a Will as easy as possible, guiding you through any technical or difficult issues with care and sensitivity. You can begin the process by filling in this Will information form and one of our team will be in touch.