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Powers of attorney & deputyships

There may come times in your life when you feel your best interest would be protected by allowing someone else to make decisions on your behalf on either a permanent or temporary basis.

Giving someone power of attorney provides a legal framework for them to act for you. There are currently two types can be set up: Ordinary power of attorney allows one or more people to make decisions concerning your finances whilst you still have mental capacity. This can be limited to all or just some of your assets and may be permanent or temporary (whilst you are on holiday or in hospital for example). Lasting power of attorney gives someone you trust the legal authority to take decisions about your finances, your health or your welfare, should you in future become incapable of making these decisions yourself (through dementia or illness for example) or simply no longer wish to take decisions.

Where a power of attorney has not been drawn up in advance of someone losing their mental capacity, it may be possible to apply for a deputyship which will give you agreed powers to take decisions on their behalf. This is typically the case where a parent, for example, starts suffering from dementia.

Our legal teams have significant experience setting up all of these instruments and can provide objective advice, draft contracts and give guidance to attorneys.

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