family law sheffield power of attorney

Power of Attorney Solicitor Sheffield

A Power of Attorney may be required when a person does not have the mental capacity to understand a decision they have to make or the consequences of making that decision. A power of attorney is most commonly needed when such decisions involve financial and healthcare decisions and can be temporary or permanent depending on what kind of Power of Attorney is needed.

Call Family Law Sheffield today on 0114 478 2573 or complete our online enquiry form and someone from our specialist Power of Attorney team will be in touch.

What is a Power of Attorney?

A Power of Attorney is a document in which you appoint someone else to make decisions or act on your behalf in a situation where you are unable to do so for yourself. The person you appoint is known as the Attorney and it will be their responsibility to look after your affairs in the same manner as you would have.

There are three different main kinds of Power of Attorney:

  • Ordinary Power of Attorney
  • Lasting Power of Attorney (LPA)
  • Enduring Power of Attorney (EPA)

Ordinary Power of Attorney

An Ordinary Power of Attorney is only valid while you have mental capacity and covers decisions regarding your financial affairs. It is commonly used by people who need temporary cover usually as a result of a hospital stay or holiday or when you find it hard to get out and you want someone to act for you.

Limits can be placed on your Attorney so that they are not dealing with everything of yours. For example you can set up an Ordinary Power of Attorney so that your attorney deals only with your home but not your bank account.

An ordinary Power of Attorney is only valid while you have the mental capacity to make your own decisions. It is not valid if you do not have mental capacity but there are other types of Power of Attorney that can be set up to cover that scenario.

Lasting Power of Attorney (LPA)

A Lasting Power of Attorney allows someone else to be appointed to deal with your financial affairs or your health care. An LPA will come into effect when you decide that you no longer want to make decisions for yourself or if you no longer have the capacity to make decisions.

There are two kinds of Lasting Power of Attorney:

  • Health and welfare lasting Power of Attorney – This LPA is only available when you are unable to make your own decisions. It gives your attorney power to make decisions relating to medical care, moving into a care home, life-sustaining treatment and your daily routine such as washing, dressing and eating
  • Property and Financial Affairs Lasting Power of Attorney – This LPA can be used with your permission as soon as it is registered even if you still have mental capacity. This will give your attorney the power to make decisions about money and property such as your bank account, paying your bills and selling your home or any other large assets you may own.

Enduring Power of Attorney (EPA)

An Enduring Power of Attorney can no longer be obtained as they were replaced by Lasting Power of Attorney. If you created an EPA prior to 01 October 2007 it should still be valid and will come into effect if you lose mental capacity or if you want someone to act on your behalf.

Living Wills

A Living Will gives you the opportunity to express your wishes as to how you would want to be cared for in the event that you are no longer able to indicate your preference. This is often considered by people who have become terminally ill or are undergoing a risky medical procedure or treatment. For example it can be used to indicate that someone does not want life support to be administered.

Living wills only relate to financial matters and healthcare decisions while you are still living. It cannot be used to distribute your assets upon death.

Contact Our Power of Attorney Solicitors Sheffield

At Family Law Sheffield our team of expert Power of Attorney Solicitors can ensure that you and your assets are protected. Our team of specialists will take the time to get to know you and listen carefully to your circumstances to fully understand your needs. In doing so we will tailor our advice to suit your specific needs and give you the security that you deserve.

Family Law Sheffield will guide you through every step of the process and provide you with the best possible advice to ensure that your needs are met. Call us today on 0114 478 2573 or complete our online enquiry form and someone from our team will be in touch.

Enquire now

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