When making a Will, you should also consider what would happen if you became incapable of handling your own affairs, either personal or financial, and whether you would like to make provision for this.

If no provision is made, the person who wants to help you to manage your affairs would have to apply to the Court of Protection for a deputyship order. While we are happy to assist with this if it becomes necessary, it is a very time-consuming, slow and expensive process and matters are made much easier if you have appointed a legal attorney in advance.

The way to do this is to make a Lasting Power of Attorney ("LPA"). It is a legal document which allows decision making to be delegated to your chosen attorney or attorneys, so that they can make decisions for you when you are unable to do so.

Preparing an LPA is a relatively straightforward procedure, involving the completion of the power and a certificate of capacity, which can usually be certified by the solicitor preparing your LPA. The LPA then needs to be registered with the Office of the Public Guardian before it can be used by your attorneys. This will take anything between 6-16 weeks, so it is a good idea to get the process underway as soon as possible.

There are two types of LPA, and you can choose whether you would like to implement one or both:

LPA (Health and Welfare) enables you to delegate decisions about your personal health, such as the type of care you receive and your medication;

LPA (Property and Financial Affairs) allows your attorneys to manage your finances.

We are also able to prepare general powers of attorney, which can be used for example if you travel abroad for a period of time and wish someone to deal with your affairs in your absence.

For further information about powers of attorney, please contact Emily Payne or Philip Moody.